It may be necessary to examine the pertinent issues under the ESI Act (no mention under what act the querist is covered) & Maternity Act, Factories Act to have proper clarity. However, relevant provisions are extracted here which may add some information pertinent to this:
MATERNITY BENEFIT LAW
Definition of Maternity Benefit
L.9.1. Maternity benefit consists of periodical payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, to an insured woman being certified to be eligible for such payments by an authority specified in this behalf by the Regulations [Section 46(1)(b)].
L.9.2. Certain terms used in the foregoing paragraph need to be clearly understood as follows:
• **Periodical Payments:** The payments to be made in respect of maternity benefit are periodical, but the periods at which they are to be made are not fixed. Further, payments relating to this benefit cannot be commuted into a lump sum.
• **Confinement:** Defined in sub-section (3) of Section 2 of the Act as "labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead." In other words, if labour results in the issue of a still-born child before the expiry of 26 weeks of pregnancy, it will not be considered as confinement. On the other hand, if the still-born child is delivered after 26 weeks of pregnancy, it will be considered as confinement. Also, the issue of a living child has to be deemed confinement in any case.
• **Miscarriage:** Defined in sub-Section (14-B) of Section 2 of the Act to mean "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 causing of which is punishable under the Indian Penal Code."
• **Who is an Insured Woman?** The term "insured woman" has not been defined in the Act.
Duration and Eligibility for Miscarriage or Medical Termination of Pregnancy
L.9.5.1. The opening words "An insured woman who is qualified to claim maternity benefit in accordance with sub-rule (1)" used in sub-rule (3) of Rule 56 imply that for determining entitlement to maternity benefit in case of miscarriage under the Sub-Rule, the benefit period in which the event of miscarriage takes place is relevant. If contributions in respect of the insured woman were payable for not less than 70 days in the two contribution periods immediately preceding the benefit period in which the miscarriage occurs, she will be entitled to maternity benefit for all days on which she does not work for remuneration during six weeks immediately following the date of miscarriage, at the maternity benefit rate.
L.9.5.2. In addition to cases of natural abortion, cases of voluntary or induced abortion coming within the scope of the Medical Termination of Pregnancy Act, read with the definition of miscarriage under Section 2(14-B) of the Act, automatically qualify the insured woman for maternity benefit for miscarriage as provided under Rule 56 (3) subject to the fulfillment of other conditions. Legal opinion obtained in this regard is reproduced below for guidance: "Under Section 50 (3)1, maternity benefit is permissible for miscarriage as defined in Section 2 (14-B), so long as it is not caused in circumstances which constitute an offence under the Indian Penal Code. It does not make any difference for the purpose of Section 50 read with Section 2 (14-B) whether the miscarriage is natural or caused voluntarily, so long as it is not an offence."
Claim for Miscarriage or After Confinement
L.9.12.1. Under Regulation 89, every insured woman claiming maternity benefit for miscarriage shall, within 30 days of the date of the miscarriage, and every insured woman claiming maternity benefit after confinement, shall submit to the appropriate office by post or otherwise a claim for maternity benefit in form 19 together with a certificate of confinement or miscarriage in form 18 given in accordance with these regulations.
L.9.12.2. In other words, an insured woman claiming maternity benefit for miscarriage must submit to her Branch Office a claim for maternity benefit in Form 19, accompanied by a certificate of miscarriage, within 30 days of the date of miscarriage. However, Regional Directors have been delegated the power to relax the time limit of 30 days as provided in Regulation 89 up to a period of six months.
L.9.12.3. Regulation 89 quoted above also speaks of another important matter: claim for maternity benefit after confinement. For this type of claim, no time limit has been laid down. In such cases, the time limit for submission of a claim for maternity benefit after confinement will be as stated in Explanation (a) below sub-section (1A) of Section 77 of the ESI Act. As for the issue of a certificate, though there is no time limit in the regulations to obtain a certificate of confinement in cases where maternity benefit is claimed after confinement, it is in the interest of the insured woman to obtain a certificate of confinement as early as possible after her confinement because delay in approaching the Insurance Medical Officer may result in the disappearance of symptoms of recent childbirth (See also paragraph L.9.15).
E. Sickness Arising Out of Pregnancy, Confinement, Miscarriage
P.9.14.1. To claim maternity benefit for an additional month for sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, the insured woman would submit the following:
(i) A claim for benefit in new form 9 (after scoring out portions not relevant), together with
(ii) The appropriate medical certificate in new form 7 as first, intermediate, or final certificate, as the case may be.
P.9.14.2. Whenever such a claim is received, the claims clerk will scrutinize the certificate in the same manner as applicable to certificates of sickness/temporary disablement. In addition, he will also check whether the IMO/IMP has clearly indicated the sickness being due to pregnancy, confinement, premature birth of a child, or miscarriage. These certificates should also be received within time limits laid down in Regulation 64.
This Act may be called the Maternity Benefit Act, 1961.
Application of Act
1[(1) It applies, in the first instance,
(a) To every establishment being a factory, mine, or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) To every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]
• **Maternity benefit** means the payment referred to in sub-section (1) of section 5;
• **Miscarriage** means 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 causing of which is punishable under the Indian Penal Code (45 of 1860);
Leave for Miscarriage, etc.
1Leave for miscarriage, etc. In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to 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.
Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child, Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation
A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child [miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Section 4 in The Maternity Benefit Act, 1961
4. Employment of, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be:
(a) The period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) Any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Also refer to the discussion that took place in this link:
Maternity Benefit Act - central govt.. CiteLegal Page 2
Regards