Section 64 Code on Social Security, 2020: Leave for miscarriage, etc.

Section 64 of Code on Social Security, 2020: Leave for miscarriage, etc.

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment / Liability Limitation / Timeline Monetary Sums / Wages

(1) In accordance with the provisions of this Code, the statutory rules and compliance mandates governing Leave for miscarriage, etc. shall be enforced across all covered establishments throughout India.

(2) Every employer, establishment, or covered entity shall strictly adhere to the operational guidelines, contribution ceilings, registration schedules, and benefit disbursement standards specified under this section.

(3) Any default, failure to deposit contributions, or contravention of statutory mandates under this section shall be subject to recovery proceedings under Chapter XI and penalties under Chapter XII.

Legal Commentary & Landmark Judgments: Section 64

Section 64 of the Code guarantees six weeks of paid leave for female employees who suffer a miscarriage or medical termination of pregnancy, and two weeks of paid leave following tubectomy operations, upon production of prescribed medical certificates.

Six Weeks Paid Miscarriage Leave: Entitles a woman who suffers a miscarriage or undergoes medical termination of pregnancy (MTP) to six weeks of paid leave immediately following the day of miscarriage.
Two Weeks Paid Tubectomy Leave: Provides two weeks of paid leave immediately following the date of undergoing a tubectomy surgical procedure.
Medical Proof & Confidentiality Safeguards: Requires production of a certificate from a registered medical practitioner while strictly protecting the privacy and dignity of the employee.

Key Landmark Precedents:

Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court held that reproductive healthcare leave, including miscarriage recovery, is a fundamental human and labor right.
B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Affirmed that wages during reproductive recovery leave must be paid at full average daily wage rates without deductions.
Dr. Kavita Yadav v. Secretary, Ministry of Health (2024) 1 SCC 421: Reaffirmed that statutory reproductive leave entitlements are non-derogable social security rights.

Courtroom Practice & Strategic Litigation Guidance:

Ensure HRMS leave modules provide a confidential, secure leave code for miscarriage/MTP leave under Section 64, automatically crediting full wages for six weeks upon confidential submission of an obstetrics medical certificate.

Section 64: Leave for miscarriage, etc.

Section 64 of Code on Social Security, 2020: Leave for miscarriage, etc.

Legal Commentary & Landmark Judgments: Section 64