Hi. I worked as HR in retail industries for 1+ yrs and now searching for a job. In an interview I was asked this question.
\"If an employee avails maternity benefit from the company and unfortunately it happened to be a miscarriage, then what will be the action to be taken by the HR. Whether she can avail the benefit or not?\" Somebody kindly help me with the answer to it.
From India, Chennai
\"If an employee avails maternity benefit from the company and unfortunately it happened to be a miscarriage, then what will be the action to be taken by the HR. Whether she can avail the benefit or not?\" Somebody kindly help me with the answer to it.
From India, Chennai
Sir,
1. You have not clarified whether the establishment/woman employee is covered under The Maternity Benefit Act, 1961 or under ESI Act, 1948.
2. 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 "miscarriage" instead of maternity , then HR has to re-examine the benefits as she is entitled for miscarriage + illness due to such miscarriage, if any, on the basis of medical certification ( 42 days + one month)( Section 9 & Section 10 of said Act).
3. In my opinion, HR should revise the period of her leave and benefits accordingly as mentioned above. HR should also see the entitlement of said woman employee for maternity benefit as laid down under section 5(2) of said Act.
From India, Noida
9231. You have not clarified whether the establishment/woman employee is covered under The Maternity Benefit Act, 1961 or under ESI Act, 1948.
2. 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 "miscarriage" instead of maternity , then HR has to re-examine the benefits as she is entitled for miscarriage + illness due to such miscarriage, if any, on the basis of medical certification ( 42 days + one month)( Section 9 & Section 10 of said Act).
3. In my opinion, HR should revise the period of her leave and benefits accordingly as mentioned above. HR should also see the entitlement of said woman employee for maternity benefit as laid down under section 5(2) of said Act.
From India, Noida
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc