Understanding the Miscarriage Clause in the Maternity Benefit Act: How Many Times Can Benefits Be Claimed?

Hi All!

Warm regards.

We are in the midst of updating HR Policies, and there is a policy related to "Maternity Benefits". While going through the Maternity Benefit Act, I came across a clause that mentions miscarriage and leaves to be allowed in case of miscarriage. An employer is liable to pay for maternity benefits to pregnant employees subject to a maximum of two children.

Now, my question is whether the "miscarriage" clause is included in those two chances or if it is separate? Secondly, how many times can an employee claim benefits under that miscarriage clause? Is there anything specified in the act? I am not able to find it.

Please help! Looking forward to an early response.

Regards,
Shalini

This is what is given in the Act.

"Miscarriage" means the expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the cause of which is punishable under the Indian Penal Code. In the event of a miscarriage, the woman must produce relevant proof that she has suffered a miscarriage. This will entitle her to receive leave with wages at the rate of the maternity benefit, for a period of six weeks immediately following the date of the miscarriage.

The act nowhere specifies how many times the miscarriage clause can be used. However, you may go through the State acts like the UP Act, which is basically applicable to government employees.