Dear Seniors, please tell me if a woman is on leave for pregnancy reasons for 3 months, and at the time of delivery, the child was aborted due to any reasons, what is the act for this type of maternity leave, and how much can the company pay her? Kindly inform me as soon as possible.
From India, Silvassa
From India, Silvassa
Maternity Benefits Overview
Maternity benefits are applicable under two acts. The first is ESIC (if she is covered under ESIC), and the second is the Maternity Benefits Act (for those who are not covered under ESIC).
For those covered under ESIC, all benefits are provided by ESIC, including leave salary during maternity leave. Under the Maternity Benefits Act, all benefits are provided by the company.
Maternity Leave Duration
Normally, maternity leave is 12 weeks (6 weeks before delivery and 6 weeks post-delivery).
Leave for Miscarriage
Section 9 states leave for miscarriage. In case of a miscarriage, 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.
It can be extended. A woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, upon production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards
From India, Mumbai
Maternity benefits are applicable under two acts. The first is ESIC (if she is covered under ESIC), and the second is the Maternity Benefits Act (for those who are not covered under ESIC).
For those covered under ESIC, all benefits are provided by ESIC, including leave salary during maternity leave. Under the Maternity Benefits Act, all benefits are provided by the company.
Maternity Leave Duration
Normally, maternity leave is 12 weeks (6 weeks before delivery and 6 weeks post-delivery).
Leave for Miscarriage
Section 9 states leave for miscarriage. In case of a miscarriage, 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.
It can be extended. A woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, upon production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards
From India, Mumbai
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