Hello Anshu,
Many learned followers have given their views. I too have been benefited from these. My sincere thanks to all.
To sum up, what I understood is :-
1. Maternity leave is admissible for a period of 6 weeks after miscarriage and MTP. (Sec.9)
2. Miscarriage is defined in Sec.3(j) which confines the period of miscarriage to 26 weeks.
3. In such case where the provisions do not allow any payment, the decision is to be taken on self decision making ability and at the best possibility in the interest of employee. Acts provide for bare minimum provisions, which have to be followed. If any employer is extending the benefits which are more beneficial than provided in the relevant Act, nobody stops you, provided you have the authority to do so, or you have obtained competent approval stating the facts.
4. It seems to be correct that in the instant case, the female employee was unfortunate who had to terminate pregnancy due to some medical problems either to the unborn child, or to herself or to both. So it is advised that she should be advised to submit the Doctor's advise note prior to MTP or miscarriage. If this was miscarriage, that might be due to some accident also.
Pl take sympathetic view in such cases because the female employee who has lost her pregnancy is going through turmoil. Apathy on part of management will add to her agony. If you deal this case sympathetically, she will always remember the same and shall prove to be one of the most faithful employees of the Organization.
If some of the learned followers have some different views, pl share.
AK Jain