Rights Women Can Avail To After Miscarriage Under Maternity Benefits Act
Women experience Mental and Physical exhaustion after miscarriage. It is imperative for every working woman to understand and know her rights under the Maternity Benefits Act. The joy of motherhood is blissful. However, there are times when medical or unfortunate circumstances can lead to miscarriage. A miscarriage can be emotionally and physically exhausting in a woman’s life. In case, a woman experiences a miscarriage, she has certain rights she can exercise before going to the normal routine of working.
These Rights are mentioned in the Act that is the Maternity Benefits Act, 1961.
The Act with the assent of the Government of India gives these rights a legal bend. If not heed to, a woman has the right to sue or file in the court of law if the employer does not provide her the benefits of the Act. These can be Availed by women working in relation to the State Government and the Central Government, involving any establishment ( factory, mine or plantation.)
WHAT ARE THESE RIGHTS?
Leave of six weeks immediately after miscarriage:
No employer knowingly can employ a woman for the work after her day of miscarriage. By default, she has the right to have six weeks off immediately.
Also Read: Indian Women Are Constantly Made To Feel Guilty About Normal Things
Unlawful if Dismissed:
It is unlawful if the employer dismisses or sacks the woman in case of her absence of six weeks or even gives a notice of termination for the same.
Right to payment under maternity benefit:
Every woman has the right to receive her salary in her maternity leave, even if she has a miscarriage. The employer is obliged to provide her the average work wages for her absence preceding the day of delivery, including the day of delivery and the six weeks after that.
Right to leave after immediate miscarriage:
It depends on the woman, if she wants to, after the day of miscarriage can also have one month of leave. This one month of leave is addition to the six weeks off (under clause 6) she already has the right to after the day of miscarriage. Also, she has the right to leave with wages.
WHAT DO YOU DO WITH LAWS INCONSISTENT WITH THESE RIGHTS?
It is mentioned in the Clause 27 of the Act, that if there are unfavorable laws made before or after this act, these rights will prevail no matter what.
It is also highlighted that in case there are more favorable laws, then always the laws which will provide more benefit to the women will be availed in the situation.
These are the above-mentioned rights.
