What are the current rules for maternity leave in India?

Maternity leave in India is governed by the Maternity Benefit Act of 1961, which was amended in 2017. The Act provides for 26 weeks of paid leave for women employees, which can be taken before and after childbirth.

Who is eligible for maternity leave under the Maternity Benefit Act?

Any woman employed in an organisation for at least 80 days in the 12 months preceding the expected date of delivery is eligible for maternity leave.

What are the benefits of maternity leave for working women?

Maternity leave provides financial security and job protection during a crucial period.

Can maternity leave be extended beyond the stipulated period?

Yes, some organisations may offer extended maternity leave as part of their policies.

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Maternity Benefit Act: Maternity Leave Applicability, Rules & Eligibility

Tanisha

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Updated: 28-01-2025 at 6:26 AM

Maternity Benefit Act: Maternity Leave Applicability, Rules & Eligibility

Pregnancy is a holy time when mother and child grow close together as the baby develops, but it goes further than this. Every new mom wants to enjoy her transition from pregnancy to motherhood. How about working moms-to-be who look forward to starting their journey of becoming mothers? The support that Indian mothers receive, before and after they have a child, is ingrained in our Indian culture.

Therefore, it makes sense to have that focus on motherhood even at the place of work. This can only happen with the Maternity Benefit Act 1961, which allows would-be mothers to concentrate on their families and take some days off work as maternity leave duly sanctioned by the government of India.

All women employed in factories, mines, plantations or organisations with more than ten employees are governed by the Maternity Benefit Act 1961. This section discusses the maternity leave rules in India, eligibility criteria and benefits for women employees.

Maternity Leave Eligibility

Under the Maternity Benefit Act 1961, a woman must work at least 80 days within the twelve months prior to her expected delivery date to qualify for maternity leave. If this requirement is met, she can take her entitled maternity leave along with any additional leave provided by her employer.

Maternity leave in India is available to all women who are pregnant, adopting a child, or experiencing a miscarriage. These conditions are covered under the Indian maternity provisions.

Additionally, commissioning or surrogate mothers are entitled to up to twenty-six weeks of maternity leave. This leave starts from the day the newborn is handed over to the adoptive parents.

Maternity Leave Benefits

A female employee can use her maternity leave in India during which period she is paid her full salary while away discharging her maternal duties.
The Maternity Benefit Act 1961 provides that for the first and second delivery, she can take six months or twenty-six weeks off.
For every child thereafter, a mother can go on leave for three months or twelve weeks during her maternity leave period for which she is entitled to be paid her full wages by the employer.

Key Features Of The Maternity Benefit Act 1961

Job Security: On returning from maternity leave, women are reinstated in the same role they held before, ensuring career continuity.
Extended Leave: If a mother is unable to return to work post-maternity leave, additional leave may be granted for recovery and childcare.
Support at the Workplace: Employers must provide a safe and comfortable work environment for pregnant women, including access to clean toilets and safe drinking water.

Understanding Maternity Benefits

Act Overview: The Maternity Benefit Act was established in 1961 to support working mothers by providing clear guidelines on maternity leave entitlements.
2017 Amendment: The 2017 update to the law extended the duration of maternity leave from 12 weeks to 26 weeks for the first two children, providing more time for mothers to care for their newborns.

Importance of Maternity Leave

Health and Recovery: Maternity leave allows mothers to recover physically and bond with their newborn without the stress of work.
Gender Equality: By securing time off for maternity without the risk of job loss, the Act supports gender equality in the workplace.
Child and Mother Health: Extended leave helps mothers attend to their health needs and those of their babies, reducing potential postpartum complications.

Maternity Leave Policy in India

Duration: Eligible women can take up to 26 weeks of paid leave, with the possibility to start the leave up to 8 weeks before the expected delivery date.
Salary Benefits: Women are entitled to their full pay during maternity leave, based on their average daily wage for the three months preceding the leave.

Overall Benefits

Legal Right: Maternity leave is a recognised right in India, aimed at protecting the health of mothers and their children.
Supports Family Bonding: Provides essential time for mothers to establish a strong bond with their newborns.

HR Maternity Leave Policy

The Maternity Benefit (Amended) Act 2017 was enacted as an amendment bill to the Maternity Benefit Act. These changes take into account evolving family structures, changes in motherhood definitions and improvements in the well-being of both mother and child. Key amendments were made relating to:

Increasing paid maternity leave from 12 weeks to 26 weeks for women employees.
Increasing pre-natal leave from 6 weeks to 8 weeks.
Providing 12 weeks of maternity leave for the third child and subsequent children.
Granting 12 weeks of maternity leave for adoptive mothers and commissioning, or surrogate mothers.

Maternity Leave Challenges For Employers

When women are on leave, The Maternity Benefit Act 1961 keeps them safe and sound, however, this can sometimes cause many difficulties for the companies in terms of operating without their expertise. Some employers have no HR policies that cover maternity leaves while others do not have a fallback plan.

The Strain on Resources Employers may face a strain on resources when one or more women employees are on maternity leave. Because another resource would have to fill in temporarily for an absent worker, things get worse.

Less Work and Productivity Temporary voids left by women employees on maternity leave can affect productivity. This is because workloads may increase with remaining workers having to deal with unfamiliar or new job positions.

Keeping Top Performers Companies that do not support such policies will experience challenges in recruiting and maintaining top performers. In a post-pandemic work culture, many mothers choose to work remotely or in a flexible hybrid model for better work-life balance.

Unequal Distribution of Work Roles Maternity leave in India can impact workplace morale. If they perceive the workload as being distributed unfairly, non-maternity-leave-eligible personnel may become resentful towards the pregnant woman among them.

Conclusion

Maternity leave in India is crucial for the health and wellbeing of both mothers and their newborns. It not only allows for essential bonding and recovery after childbirth but also supports gender equality by safeguarding women's employment rights. Ensuring robust maternity leave policies is vital for nurturing healthier families and enhancing workplace morale, ultimately contributing to a more inclusive and productive society.

Discover the full details of the maternity leave provisions and benefits under the Maternity Benefit Act 1961 here.

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