Recovering from C-section After Ectopic Pregnancy: How Many Medical Paid Leaves Can I Get?

I had a C-section surgery on 10th March 2019 due to an interstitial ectopic pregnancy, resulting in the termination of my pregnancy.

How many medical paid leaves am I entitled to?

If the Maternity Benefit Act, 1961 is applicable to the poster's establishment, she may refer to sections 9 and 10 of the Act. As per section 9 of the Act, she is entitled to the maternity benefit of 6 weeks leave with wages immediately following the day of medical termination of pregnancy on production of a medical certificate. Besides, she is also entitled to an additional leave of one month for any illness arising out of such medical termination under section 10 of the Act on production of a medical certificate.

Entitlement and Obligations Under the MB Act, 1961

The entitlement of the employee and the obligation of the employer in the case of medical termination of pregnancy under the MB Act, 1961, are clearly indicated in my previous answer. If the HR takes a contrary stand, whether knowingly or unknowingly, according to his own whims and fancies, he unfortunately renders the employer liable to the penalty for contravention of the Act prescribed under section 21(2) by the Court.

Therefore, in case of denial of the benefit as prescribed under section 9 or 10, the poster should first prefer a complaint to the area Inspector under section 17(1)(a) of the Act.

Have you applied for the leave you are entitled to in terms of the Maternity Benefit Act? If not, apply in the prescribed form and leave the decision to the authority concerned.