Understanding Maternity Leave: Are Non-ESIC Employees Entitled to Benefits After Miscarriage?

Maternity Benefit Act of 1961 Guidance Needed

Please provide advice on the Maternity Benefit Act of 1961. We have female staff employees in various departments. Some female employees are covered by ESIC, while some are not. Recently, we learned that two female employees were pregnant, but unfortunately, both experienced miscarriages.

We seek guidance on their entitlement to leave and wages as per the law. Are employees not covered by ESIC eligible for leave and wages from the company?

Thank you.

Dear Naveen, when an employee falls outside the coverage of the ESI Act for any reason, she is entitled to maternity benefits under the Maternity Benefit Act, 1961 for childbirth, miscarriage, or medical termination of pregnancy. I request you to review the Maternity Benefit Act, 1961 for further details and get back to me in case of any doubts.