Miscarriage Leave: Can an Employee Get 45 Days Again for a Second Miscarriage?

If a female employee is granted 45 days of leave for a miscarriage during her first pregnancy, will she be eligible for this leave again if she experiences another miscarriage, as per the law?

Dear Nazarine,

According to the law, a female employee who has experienced a miscarriage is entitled to a certain amount of leave for recovery and emotional well-being. While the specific regulations may vary as per labor laws, it is important to note that the eligibility for such leave is typically not limited to a single occurrence. Therefore, if an employee experiences another miscarriage during a subsequent pregnancy, she would likely be eligible for the same leave benefits as provided by the law. It is advisable for employers to familiarize themselves with the relevant legal provisions and ensure that they are compliant in providing necessary support to their employees during such challenging times.

Thanks

Maternity Benefits Act and Miscarriage Leave

The Maternity Benefits Act does not specify the number of times a woman employee can avail leave for a miscarriage. It is not a deliberate act. Therefore, every time a miscarriage occurs, the employee should be given 45 days of paid leave. However, a miscarriage caused by an act punishable under the Indian Penal Code will not be covered under the Maternity Benefits Act.