Navigating Maternity Leave: Is It Still Applicable After a Medical Abortion?

Dear friends, how are you?

If a female employee is pregnant but has had an abortion as per the doctor's advice (due to a heart problem of the baby), is she still eligible for Maternity Leave benefits? Also, could you please inform me about the section in the Maternity Act that mentions these benefits?

Dear,

According to section 9 of the Maternity Benefit Act, 1961, she is entitled to have leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.

Opinion submitted as requested.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

There are two benefits specified in the Maternity Benefit Act of 1961:

Maternity Benefit
- Maternity Benefit = 12 weeks or 84 days for the eligible female employee.
- Abortion Benefit = 6 weeks or 42 days.

An additional one-month extended benefit can be granted for weakness or sickness arising due to maternity. This is not available in the case of abortion.

In your case, abortion benefits can be considered for 42 days since abortion is the premature medical termination of pregnancy.

Regards,
SDP