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

Do we need to pay maternity benefits to an employee if she had a miscarriage 45 days from the date of conceiving?

Please let me know; she is claiming that she is eligible to receive maternity benefits. Your reply is highly appreciated.

Regards, Raju

Hi,

Yes, she is eligible.

Section 9 of The Maternity Benefit Act, 1961 states: Leave for miscarriage, etc. In the case of a miscarriage or medical termination of pregnancy, a woman shall, upon 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.

But how can we say that it is done in good faith or she wants to get an abortion? In the case of abortion, we need not pay. Also, I would like to know if there is any minimum period to be considered for paying maternity benefits in the case of a miscarriage.

Hi,

Based on medical proof or a doctor's certificate, you can determine the validity of the claim.