Section 27: Special Cases: Miscarriage, Adoption, Commissioning Mother

Overview

Section 27 of the Code on Social Security, 2020, specifically addresses special cases within the maternity benefit framework. It expands the scope of maternity benefits beyond traditional childbirth to include situations like miscarriage, medical termination of pregnancy, tubectomy, adoption, and surrogacy (commissioning mothers). This section aims to provide social security and support to women employees facing these diverse reproductive health scenarios.

Who is Covered?

• This section applies to all women employees covered under the provisions of the Code on Social Security, 2020, regardless of their employment type (permanent, temporary, or contractual) or the nature of the establishment.
• Eligibility isn’t tied to length of service; benefits are triggered by the qualifying event (miscarriage, adoption, etc.).
• There are no specific wage limits mentioned in the section impacting eligibility. The general eligibility criteria for maternity benefit under the Code apply.

Benefits and Contributions

• Miscarriage/Medical Termination/Tubectomy: The section provides for leave and payment of wages in cases of miscarriage, medical termination of pregnancy, and tubectomy operations. The duration of leave and the amount of wage payment are determined by rules framed under the Code.
• Adoption: Adoptive mothers are entitled to maternity benefits, recognizing the nurturing role and responsibilities associated with adoption. The duration of leave is specified in the rules.
• Commissioning Mother (Surrogacy): Commissioning mothers (the intended parents in a surrogacy arrangement) are also covered, acknowledging the biological and emotional connection established through surrogacy. The duration of leave is defined by the rules.
• Contribution Responsibilities: The Code doesn’t introduce new contribution requirements specifically for these special cases. Maternity benefit is generally financed by the employer.

Procedure and Compliance

To claim benefits under Section 27, employees typically need to follow these steps:

1. Notification: Inform the employer about the event (miscarriage, adoption order, etc.) as soon as reasonably possible.
2. Documentation: Submit necessary documentation, such as a medical certificate confirming the miscarriage/termination/tubectomy, adoption order, or relevant surrogacy agreement details. The specific documents required will be detailed in the rules.
3. Leave Application: Apply for the appropriate duration of leave as per the rules.
4. Employer Processing: The employer is responsible for processing the claim and ensuring timely payment of wages during the leave period.

Practical Examples

• Example 1: Adoption – Priya, a software engineer, adopts a child. She is eligible for maternity leave as per the rules framed under Section 27, allowing her to bond with and care for her newly adopted child while receiving wage payments.
• Example 2: Non-Compliance – Anjali experiences a miscarriage and informs her employer. The employer refuses to grant her leave or pay her wages, citing a lack of understanding of the new Code. This constitutes a violation of Section 27 and the employer could face penalties under the Code.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and Section 27 specifically. It should not be treated as legal advice. Consult with a legal professional for advice tailored to your specific situation.