Maternity Leave Confusion: Does a Miscarriage Affect Entitlement for Future Pregnancies?

shivaniofdelhi
Dear all,

I have one doubt, and to clear that, I am writing.

One of my employees had a miscarriage in 2015 and availed 6 weeks of maternity leave in the same year. Subsequently, she conceived again and took maternity leave for 12 weeks after delivering a child in 2016. Now, she has given birth on 28 May 2020 and is currently on maternity leave.

Please clarify my doubts regarding her maternity leave entitlement for the year 2020. Will she receive 26 weeks of maternity leave this time? Or will the benefit of 6 weeks from her first pregnancy (miscarriage) be deducted? In total, how many days of maternity leave is a woman entitled to?

Regards,
Shivani Minocha
KK!HR
The 2016 amendment to the Maternity Benefit Act 1961 increased maternity benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children. So in this case, it is 26 weeks.

Hope this clarifies.
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