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Human Resources/Leave for MTP/misscarriage/abortion


Sir, I am working in a nationalised bank in Gujarat. I had MTP/missed abortion two weeks ago. Though I am physically fine now, mentally I am not in position to join office (Very depressed) I am getting several calls from office to join immediately. I want to know whether I can extend leave on the basis of MTP and for how long can I extend it?

Dear Suchita,

Hope you're doing better now.

I am sorry for your loss. The Maternity Benefit Act, 1961 clearly states the following w.r.t. delivery/miscarriage.

4. Employment of, or work by, women prohibited during certain
period.- (1) No employer shall knowingly employ a woman in any
establishment during the six weeks immediately following the day of
her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.

Leave for miscarriage.

9. Leave for miscarriage.- In case of miscarriage, a woman shall,
on production of such proof as may be prescribed, be entitled to leave  with wages at the rate of maternity benefit, for a period of six weeks
immediately following the day of her miscarriage.

Section 9 is important in your case. It clearly states that you can extend your leave by another six weeks after production of certain documents duly signed by medical practitioner on her/his letter head.

Hope this is helpful.

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Umesh Chaudhary


I prefer to answer question(s) related to Human Resource processes, career development and counseling.


Over 12 years in the field of Human Resources.

1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent 3. Management & Human Resource

MBA (HR), M.Phil (HR). I hold various accreditation in the area of Human Resources, Industrial Relations and Employment Laws. I strongly feel the more knowledge you share the more you'll get to learn. There is no age to learning therefore I stay abreast with new developments into HR and Labor Laws; I prefer to attend regular seminars, professional gathering, workshops and lectures. I am also associated with All India Management Association, National HRD Network (Delhi Chapter).

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