Employee Leaves in situation of Miscarriage

Hi All,

A woman is entitled to leave with wages for miscarriage.

  1. What category leaves do those come under? What is the maximum duration?
  2. Can those leaves be extended ?

Please suggest.


1 Like

HI Madhu,

Yes a female employee is entitled for Leave with wages in case of Miscarriage.

  1. You can show these leaves under Maternity Leaves on the grounds of Miscarriage. Duration will be for 3 months.
  2. This can be extended on mutual consent with LOP.

I hope this is information will be helpful.



Hi @MadhuP1

Agree with @Arpana.

Miscarriage (the twenty-sixth week of pregnancy but does not include any
miscarriage the causing of which ins punishable under the Indian Penal Code) is considered to be a maternity leave, and hence leaves to be given for an employee.

To be eligible to avail of miscarriage leave, a woman must have worked at least 80 days in an organization over a period of one year before a 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.

As per the Maternity Benefit (Amendment) Act 2017, a company is not entitled to give any of the above benefits, but what they offer depends from company to company. If a woman does ask for it and the company can afford it, they are liable to offer her the services she has asked for.

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