Understanding Miscarriage Leave: Is 1.5 Months Legally Required or Employer's Choice?

Hi friends, I know that maternity leave with pay is for three months, and for an abortion, it is 1.5 months. I wanted to know whether the allowed leave of 1.5 months for a miscarriage is mandated by law or is at the option of the employer.

Maternity and Miscarriage Leave Under Indian Law

Under the Maternity Benefit Act, 1961, leave for miscarriage, etc., has been provided for a period of six weeks. Please see Section 9 of the said Act.

Under the Employees' State Insurance Act, 1948, leave for miscarriage, etc., has been provided for a period of six weeks. Please see Rule 56(3) of ESI (Central) Rules, 1952.

Social security benefits are statutory in nature and legally enforceable by the entitled insured person/claimant.

Regards

For your kind information, maternity leave is availed for 12 weeks (6 weeks before and 6 weeks after the delivery) if a woman employee has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Regards,
Janardan

Please read the post carefully and then reply. Hema had asked about miscarriage, and Varghese and Harsh have given the correct reply. Then you interfered to give a wrong answer. Please reply to the question only, i.e., the number of days of leave for miscarriage and not maternity leave, and whether leave for miscarriage is mandatory or not.

Regards,
Madhu.T.K

As advised by seniors, it is mandated by the Act and not based on the whims and fancies of the employer. Please proceed with the claim.