Is Our Employee Entitled to Reimbursement for Abortion Leave Under Maternity Benefit Act?

One of our employees was pregnant and verbally informed HR and her manager. She used to go for her regular check-ups, informing verbally at the office. After one month, due to some complications, she was asked to abort the child. She sent an email to her manager and HR informing them of the same and that she would be getting an abortion done the very next day and would be on leave for some time; however, the duration was not specified. She joined her duties back one week later.

Now, as per our leave policy, she could only avail of 2 days' leave in that month, and her 5 days of leave were deducted. This was also considering that she didn't inform anyone in writing regarding her pregnancy but only for her abortion.

Now, after reading the Maternity Benefit Act, she claims that her 5 days' salary must be reimbursed as everyone was well aware of her pregnancy and that she informed regarding her abortion at least.

Is she entitled to reimbursement?

We are a Chartered Accountant firm in India. This law does not apply to us; however, we do follow it by just allowing leaves for 12 weeks (i.e., following the Act 1961, not after the amendment).

Please suggest. URGENT!!

Compliance with the Maternity Benefit Act

Navneet, being a CA firm, you are expected to follow the rules more diligently. How can you adhere to the old act when the amended act has already been notified? Please review the following provisions:

In the case of a miscarriage or medical termination of pregnancy, a woman shall 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, upon production of the prescribed proof.

In the case of a tubectomy operation, a woman is entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation, on production of the prescribed proof.

For further clarification or assistance with any legal/compliance matters, please feel free to email or message me on WhatsApp.

Thank you.