Hi, While I was 13 weeks pregnant I started bleeding and was hospitalised for 2 days due to threatened abortion. Post that I was advised bed rest for one month. Now as per the maternity leave policy for any illness arising out of pregnancy one is entitled for one month additional leave. So is this considered as an illness arising out of pregnancy. My employer has not given me this benifit and my one month leave was considered and deducted from my PL.
From India, Thane
From India, Thane
I think that no abortion happened. Certainly the complication which developed during your pregnancy and required hospitalisation should be considered as an illness arising out of pregnancy only. Therefore, your employer's action is in contravention of the provisions of section 10 of the Maternity Benefit Act,1961. Sec.10 mandates that a woman suffering from any illness arising out of pregnancy shall be granted one month's leave with wages on production of medical certificate in addition to the maternity benefit u/s 6 or 9 as the case be.
From India, Salem
6018From India, Salem
What if my employeer is disagreeing with the fact that this is an illness arising out of pregnancy. Can any action be taken against this. As all my PL are exhausted and I am due to August so any more leaves taken by me will be a loss of pay
From India, Thane
From India, Thane
Same thing is happening with me also. My HR wants to exhaust all my PL and then go on LOP. However in section 10 it's clearly mentioned that any illness arising out of pregnancy (vaginally bleeding) 1 month paid leave is allowable.
Some are saying that these leaves can be taken only as an extension to maternity leave. However the section in itself says illness arising out of pregnancy. Pregnancy cannot remain at the end of maternity leave...the child is already born and any illness arising after birth is illness due to delivery of child not pregnancy. Can someone advise me what course of action can be taken
From India, New Delhi
Some are saying that these leaves can be taken only as an extension to maternity leave. However the section in itself says illness arising out of pregnancy. Pregnancy cannot remain at the end of maternity leave...the child is already born and any illness arising after birth is illness due to delivery of child not pregnancy. Can someone advise me what course of action can be taken
From India, New Delhi
Hi Few inputs,
>Read clause "Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage"
>Produce necessary proofs to your employer from certified medical practioner
>As per my POVs looking at the said clause and documents you produced, you will be eligible for extended leaves.
>Certain establishments provide this leave based on this clause and if further extended, they make adjustment in sick leaves or other balance leaves as a best practice to support female employees.
From India, Bangalore
>Read clause "Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage"
>Produce necessary proofs to your employer from certified medical practioner
>As per my POVs looking at the said clause and documents you produced, you will be eligible for extended leaves.
>Certain establishments provide this leave based on this clause and if further extended, they make adjustment in sick leaves or other balance leaves as a best practice to support female employees.
From India, Bangalore
Dear Shivi,
Still I would like to hold my previous reply as the correct one as per the explicit provisions of Sec.10 of the MB Act,1961. Of course the leave with wages based on the rate of maternity benefit is an additional benefit, it has no chronological limit preceding or succeeding the grant of maternity benefit envisaged u/s 5 of the Act for it covers any illness arising out of pregnancy. The period of pregnancy includes the entire duration from conception to delivery.
From India, Salem
Still I would like to hold my previous reply as the correct one as per the explicit provisions of Sec.10 of the MB Act,1961. Of course the leave with wages based on the rate of maternity benefit is an additional benefit, it has no chronological limit preceding or succeeding the grant of maternity benefit envisaged u/s 5 of the Act for it covers any illness arising out of pregnancy. The period of pregnancy includes the entire duration from conception to delivery.
From India, Salem
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