Maternity Benefit eligibility - if she got miscarriage in 45 days from the date of conceiving?

appala-raju1
Do we need to pay maternity benefit to an employee if she got miscarriage in 45 days from the date of conceiving?

Pls let me know, she is claiming that she is eligible to get maternity benefit, your reply is highly appreciated

Regards
Raju
vmlakshminarayanan
Hi

Yes she is eligible.

Section 9 in The Maternity Benefit Act, 1961
Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, 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.
appala-raju1
But how we can say that it is done in good faith or she wants to get abortion, in abortion case we need not pay. and also i would like to know that is there any minimum period to be consider for paying maternity benefit in case of miscarriage
vmlakshminarayanan
Hi,
Based on medical proof / Doctor certificate you can ascertain.
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