Is Bleeding During Pregnancy Considered an Illness for Extra Maternity Leave? Seeking Advice on Employer's Policy

Hi,

While I was 13 weeks pregnant, I started bleeding and was hospitalized for 2 days due to threatened abortion. Post that, I was advised bed rest for one month. Now, as per the maternity leave policy, for any illness arising out of pregnancy, one is entitled to one month of additional leave. So, is this considered an illness arising out of pregnancy? My employer has not given me this benefit, and my one-month leave was considered and deducted from my PL.

Maternity Benefit Act and Pregnancy-Related Illness

I think that no abortion happened. Certainly, the complication that developed during your pregnancy and required hospitalization should be considered as an illness arising out of pregnancy only. Therefore, your employer's action is in contravention of the provisions of Section 10 of the Maternity Benefit Act, 1961. Section 10 mandates that a woman suffering from any illness arising out of pregnancy shall be granted one month's leave with wages on production of a medical certificate in addition to the maternity benefit under Section 6 or 9, as the case may be.

What if my employer is disagreeing with the fact that this is an illness arising out of pregnancy. Can any action be taken against this? As all my PL is exhausted and I am due in August, any more leaves taken by me will result in a loss of pay.

Same thing is happening with me also. My HR wants to exhaust all my PL and then go on LOP. However, in section 10, it's clearly mentioned that any illness arising out of pregnancy (vaginal bleeding) allows for one month of paid leave. Some are saying that these leaves can only be taken as an extension to maternity leave. However, the section itself specifies illness arising out of pregnancy. Pregnancy cannot be restricted to the end of maternity leave; the child is already born, and any illness arising after birth is due to the delivery of the child, not the pregnancy. Can someone advise me on what course of action can be taken?

Hi,

Here are a few inputs:

- Read the clause "Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage."
- Produce necessary proofs to your employer from a certified medical practitioner.
- Based on my point of view, considering the mentioned clause and the documents you provided, you will be eligible for extended leaves.
- Some establishments offer this leave under this clause, and if further extended, they adjust sick leave or other balance leaves as a best practice to support female employees.

Dear Shivi,

Still, I would like to hold my previous reply as the correct one as per the explicit provisions of Sec. 10 of the MB Act, 1961. Of course, the leave with wages based on the rate of maternity benefit is an additional benefit; it has no chronological limit preceding or succeeding the grant of maternity benefit envisaged under Section 5 of the Act, for it covers any illness arising out of pregnancy. The period of pregnancy includes the entire duration from conception to delivery.