I need to understand the below queries related to the Maternity Act.
How early can maternity leave be taken?
What happens when someone takes early maternity leave but ends up with a miscarriage? What are the provisions?
From India, Mumbai
How early can maternity leave be taken?
What happens when someone takes early maternity leave but ends up with a miscarriage? What are the provisions?
From India, Mumbai
Hi,
Depending on whether the woman is expecting her first or subsequent child, she can take up to a maximum of 26 weeks off for her maternity leave, with up to 8 weeks off before delivery. But it is not compulsory that the leave should start from 8 weeks before child birth but employee can take the entire 26 weeks from the day on which employee gave birth to her baby.
In case of miscarriage or medical termination of pregnancy, an employee is entitled to six weeks of paid miscarriage leave under the Maternity Benefit (Amendment) Act 2017
From India, Madras
943Depending on whether the woman is expecting her first or subsequent child, she can take up to a maximum of 26 weeks off for her maternity leave, with up to 8 weeks off before delivery. But it is not compulsory that the leave should start from 8 weeks before child birth but employee can take the entire 26 weeks from the day on which employee gave birth to her baby.
In case of miscarriage or medical termination of pregnancy, an employee is entitled to six weeks of paid miscarriage leave under the Maternity Benefit (Amendment) Act 2017
From India, Madras
The maximum leave prior to child birth is 8 weeks. Suppose that she has taken leave accordingly. But while in leave miscarriage happens. That it is not miscarriage but stillbirth. Miscarriage means loss of a fetus before the 26th week of pregnancy. When she had taken 8 weeks prior to the expected date of delivery, the age of the fetus should be around 30 or 32. Therefore, it should be considered as delivery and loss of child and she would be entitled to 26 weeks leave not just 45 days as available for miscarriage.
From India, Kannur
From India, Kannur
Hi Sir. Thank you for the information. Moreover, I wanted to know if there is any law limiting the number of times maternity leave can be taken for miscarriage.
From India, Mumbai
From India, Mumbai
No. There is no mention about it. But in order to be eligible for leave the miscarriage should be natural or genuine or within the meaning and scope of " expulsion of the contents of a pregnant uterus" and should not be any "miscarriage the causing of which in punishable under the Indian Penal Code".
It is presumed that in order to defeat any employer and to enjoy leaves admissible under the law = nobody would cause to have miscarriage...!
From India, Kannur
It is presumed that in order to defeat any employer and to enjoy leaves admissible under the law = nobody would cause to have miscarriage...!
From India, Kannur
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc