Dear seniors,
My friend had a miscarriage after completing 8 weeks of her pregnancy. After undergoing the operation (Suction Evacuation performed on Tuesday, with her husband informing her boss), she took rest from Wednesday to Saturday and resumed her duties on Monday.
Hence, please let me know if she is eligible for the Maternity Act. If yes, kindly address the following queries:
1. What is the leave applicability?
2. What mode of payment of wages is she eligible for?
3. Can she claim wages for Tuesday (the day of the operation) and Sunday?
Please advise.
Thank you,
From India, Hyderabad
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16My friend had a miscarriage after completing 8 weeks of her pregnancy. After undergoing the operation (Suction Evacuation performed on Tuesday, with her husband informing her boss), she took rest from Wednesday to Saturday and resumed her duties on Monday.
Hence, please let me know if she is eligible for the Maternity Act. If yes, kindly address the following queries:
1. What is the leave applicability?
2. What mode of payment of wages is she eligible for?
3. Can she claim wages for Tuesday (the day of the operation) and Sunday?
Please advise.
Thank you,
From India, Hyderabad
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Hi,
Whether it is a normal pregnancy or a situation like the care provided to your friend, she is eligible for the benefits stated in the Maternity Act. Maternity Leave is applicable, and wages as per the act are also eligible.
Furthermore, there is a provision for miscarriage in the act, which states that in that case, she can receive additional leave as well.
Regards,
Mrugesh
From India, Mumbai
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Whether it is a normal pregnancy or a situation like the care provided to your friend, she is eligible for the benefits stated in the Maternity Act. Maternity Leave is applicable, and wages as per the act are also eligible.
Furthermore, there is a provision for miscarriage in the act, which states that in that case, she can receive additional leave as well.
Regards,
Mrugesh
From India, Mumbai
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Hi,
Mrugesh is correct; the benefits are applicable even in the case of a miscarriage/termination of pregnancy. She is eligible for the benefits as per the Maternity Benefit Act.
From India, Jaipur
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Mrugesh is correct; the benefits are applicable even in the case of a miscarriage/termination of pregnancy. She is eligible for the benefits as per the Maternity Benefit Act.
From India, Jaipur
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If any miscarriage happens before the 26th week of pregnancy, then the female employee is eligible for 6 weeks of leave with pay. In your friend's case, she has taken only 5 days, but she stands eligible for pay in all respects. The clause of 6 weeks is mentioned in the Maternity Benefit Act.
Regards,
Neha
From India, Chandigarh
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Regards,
Neha
From India, Chandigarh
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Dear Mr. Mrugesh, Mr. Anurag, Ms. Neha,
Thank you for the response. Regarding the leaves part, now I got the clarity. Since she joined the workplace, can she approach the manager again and ask for that 6 weeks' leave as the law mentioned?
How about the pay structure? Is she eligible for Basic or Gross salary? Ms. Neha mentioned 5 days, which means that the employee is paid from Tuesday to Saturday and does not include Sunday. Am I right? Please clarify.
Thanks & Regards,
From India, Hyderabad
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Thank you for the response. Regarding the leaves part, now I got the clarity. Since she joined the workplace, can she approach the manager again and ask for that 6 weeks' leave as the law mentioned?
How about the pay structure? Is she eligible for Basic or Gross salary? Ms. Neha mentioned 5 days, which means that the employee is paid from Tuesday to Saturday and does not include Sunday. Am I right? Please clarify.
Thanks & Regards,
From India, Hyderabad
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No Sravi, you got my point wrong. I said employees can even get 6 weeks of paid leave, so her leave from Tuesday to Saturday (5 days) is obviously paid, and the weekend of Sunday, i.e., a total of 6 days, is also paid because when we count the maternity leave of 12 weeks/leave due to abortion - 6 weeks, we do include weekends or festive holidays in the stated period of leave. Pay will be on her gross. If the employee is not feeling well or can produce a medical certificate for the same, then she can go and request the manager. But practically, if she feels that she is fine, then she should continue working because normally corporates perceive that once you have joined back, you are fit for work.
From India, Chandigarh
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From India, Chandigarh
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Dear Sravini,
Please find information as per the Maternity Benefit Act, 1961.
1) Leave for Miscarriage & Tubectomy Operation
• Leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage or her medical termination of pregnancy.
• Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
2) Leave for illness arising out of pregnancy, etc.
A woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child (miscarriage, medical termination of pregnancy, or tubectomy operation) shall be entitled, in addition to the period of absence allowed, to leave with wages at the rate of maternity benefit for a maximum period of one month (Sec. 10).
3) Conditions for eligibility of benefits
• Ten weeks before the date of her expected delivery, she may request the employer to assign her light work for a month. At that time, she should provide a certificate confirming her pregnancy.
• She must give written notice to the employer about seven weeks before the date of her delivery, stating that she will be absent for six weeks before and after delivery. She should also designate the person to whom payment will be made if she is unable to receive it herself.
• Payment for the first six weeks should be taken before going on leave.
• Payment for the six weeks after childbirth shall be provided within 48 hours of providing proof of having a child.
• She is entitled to two nursing breaks of fifteen minutes each during her daily work until her child is fifteen months old.
• The employer cannot terminate her employment or alter her conditions of service while she is on maternity leave (Sec. 5).
Regards,
Kshiteej K
From India, Mumbai
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Please find information as per the Maternity Benefit Act, 1961.
1) Leave for Miscarriage & Tubectomy Operation
• Leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage or her medical termination of pregnancy.
• Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
2) Leave for illness arising out of pregnancy, etc.
A woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child (miscarriage, medical termination of pregnancy, or tubectomy operation) shall be entitled, in addition to the period of absence allowed, to leave with wages at the rate of maternity benefit for a maximum period of one month (Sec. 10).
3) Conditions for eligibility of benefits
• Ten weeks before the date of her expected delivery, she may request the employer to assign her light work for a month. At that time, she should provide a certificate confirming her pregnancy.
• She must give written notice to the employer about seven weeks before the date of her delivery, stating that she will be absent for six weeks before and after delivery. She should also designate the person to whom payment will be made if she is unable to receive it herself.
• Payment for the first six weeks should be taken before going on leave.
• Payment for the six weeks after childbirth shall be provided within 48 hours of providing proof of having a child.
• She is entitled to two nursing breaks of fifteen minutes each during her daily work until her child is fifteen months old.
• The employer cannot terminate her employment or alter her conditions of service while she is on maternity leave (Sec. 5).
Regards,
Kshiteej K
From India, Mumbai
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As per Maternity Benefit Act, she is eligible for 42 days on account of miscarriage starting from the date of miscarriage took place.
From India, Jaipur
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From India, Jaipur
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The advise of Kshiteej is worth and the maternity benefit are allowable in case of miscarriage too.
From India, Chandigarh
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From India, Chandigarh
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Dear all,
Thank you for the information. My friend has discussed the same with her boss, and it has been accepted. However, the current issue is a bit different. Prior to her miscarriage, she took a week off on the advice of her doctor for bed rest. How to include that week under the Maternity Benefit Act is a question that needs clarification.
She does not want to use her earned leaves for that week and has requested her boss to include that week (i.e., before the miscarriage) under the Act. She has since resumed her duties. Her boss has acknowledged that she is eligible for unpaid leave for those days and requires time to finalize this after reviewing the reports.
Is there any possibility for her to claim payment for that week (prior to her miscarriage)? Please clarify.
Thank you.
From India, Hyderabad
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Thank you for the information. My friend has discussed the same with her boss, and it has been accepted. However, the current issue is a bit different. Prior to her miscarriage, she took a week off on the advice of her doctor for bed rest. How to include that week under the Maternity Benefit Act is a question that needs clarification.
She does not want to use her earned leaves for that week and has requested her boss to include that week (i.e., before the miscarriage) under the Act. She has since resumed her duties. Her boss has acknowledged that she is eligible for unpaid leave for those days and requires time to finalize this after reviewing the reports.
Is there any possibility for her to claim payment for that week (prior to her miscarriage)? Please clarify.
Thank you.
From India, Hyderabad
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Why Consult the Doctor for Maternity Leave Extension?
Why should the patient go to the doctor whom she was treated by and ask him/her about the extension of ML? The doctor will definitely extend the same, and the employee will benefit from ML rather than thinking about EL.
Thanks & regards,
Sumit
From India, Ghaziabad
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Why should the patient go to the doctor whom she was treated by and ask him/her about the extension of ML? The doctor will definitely extend the same, and the employee will benefit from ML rather than thinking about EL.
Thanks & regards,
Sumit
From India, Ghaziabad
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The Maternity Leave is allowable (after 28 weeks of pregnancy) for twelve weeks (normally availed as six weeks prior to the actual date of delivery [or miscarriage] and six weeks afterward). This makes her eligible for the Maternity Leave, if miscarriage was after 28 weeks of pregnancy.
The word "Miscarriage" has not itself found a mention in the Maternity Leave Act but is construed from the definition of "Confinement," which reads: "confinement" means the birth of a living child or the birth of a child whether living or dead after twenty-eight weeks of pregnancy.
Surendera M. Bhanot 919-888-810-811
From India, Chandigarh
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The word "Miscarriage" has not itself found a mention in the Maternity Leave Act but is construed from the definition of "Confinement," which reads: "confinement" means the birth of a living child or the birth of a child whether living or dead after twenty-eight weeks of pregnancy.
Surendera M. Bhanot 919-888-810-811
From India, Chandigarh
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Surendera Ji,
Thank you for the information. As per your post, it is understood that my friend cannot avail ML for a miscarriage as the abortion took place after 8 weeks. Is that right?
But in one of the books I recently referred to, it was mentioned as follows:
"(j) 'miscarriage' means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code; (45 of 1860)"
Please clarify.
Thanking you,
From India, Hyderabad
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Thank you for the information. As per your post, it is understood that my friend cannot avail ML for a miscarriage as the abortion took place after 8 weeks. Is that right?
But in one of the books I recently referred to, it was mentioned as follows:
"(j) 'miscarriage' means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code; (45 of 1860)"
Please clarify.
Thanking you,
From India, Hyderabad
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Creche under Maternity Benefit Act.pdf