I worked as an HR professional in the retail industry for over a year and am currently searching for a job. During a recent interview, I was asked the following question:
Handling Maternity Benefits After Miscarriage
"If an employee avails maternity benefits from the company and unfortunately experiences a miscarriage, what actions should HR take? Can she still avail the benefits?"
I would appreciate it if someone could kindly assist me with providing an answer to this question.
From India, Chennai
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Handling Maternity Benefits After Miscarriage
"If an employee avails maternity benefits from the company and unfortunately experiences a miscarriage, what actions should HR take? Can she still avail the benefits?"
I would appreciate it if someone could kindly assist me with providing an answer to this question.
From India, Chennai
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You have not clarified whether the establishment or woman employee is covered under The Maternity Benefit Act, 1961, or under the ESI Act, 1948. However, supposing the establishment or woman is covered under The Maternity Benefit Act, 1961, then in my opinion, after coming to know that the woman has suffered a "miscarriage" instead of maternity, HR has to re-examine the benefits. She is entitled to miscarriage benefits plus illness due to such miscarriage, if any, on the basis of medical certification (42 days plus one month) (Section 9 and Section 10 of the said Act).
In my opinion, HR should revise the period of her leave and benefits accordingly as mentioned above. HR should also see the entitlement of the said woman employee for maternity benefits as laid down under Section 5(2) of the said Act.
From India, Noida
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944In my opinion, HR should revise the period of her leave and benefits accordingly as mentioned above. HR should also see the entitlement of the said woman employee for maternity benefits as laid down under Section 5(2) of the said Act.
From India, Noida
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc