Maternity Leave Rules in India

19 Apr, 2024

Previously, maternity leave was limited to 12 weeks, but with this reform, all eligible women, regardless of the number of children they have, are now entitled to 26 weeks of maternity leave. The extension also encompasses adoptive mothers and commissioning mothers (biological mothers who use surrogates), ensuring inclusivity and equal benefits for all mothers.

This legislative change underscores a progressive shift towards recognizing and accommodating the diverse needs of women in the workforce. Employers are obligated to adhere to these amended regulations, thereby fostering a supportive environment that prioritizes the well-being and rights of working mothers across the nation.

Eligibility Criteria for Maternity Leave in India: 

• The woman must have worked for her employer for a minimum period preceding the expected date of delivery. Specifically, she should have worked for at least 80 days in the twelve months immediately before her expected due date.
• Women who legally adopt a child below three months or commissioning mothers (using surrogates) are also eligible.
• Full salary is paid during the entire leave duration. 
• Eligible employees are entitled to 26 weeks of maternity leave, which can be taken before or after childbirth.
• If a woman suffers from medical complications during pregnancy, the maternity leave period may be extended as per the recommendation of a medical practitioner.

What are the Benefits of the Maternity Leave Policy?

• It allows time for physical recovery and reduces stress, promoting overall well-being.
• Lighter duties and limited hours in the last 10 weeks of pregnancy. 
• While an employee is on maternity leave, the company can plan for their absence and ensure continuity of operations by temporarily redistributing responsibilities, hiring temporary staff, or providing additional support to colleagues. 
• Additional leave days if unable to resume after the intial period. 

Rules of Maternity Leave Policy in India:

• The Maternity Benefit Act entitles a woman to a maximum of 26 weeks of maternity leave. This includes 8 weeks of leave before the expected delivery date and 18 weeks of leave after the delivery.
• During the period of maternity leave, the woman is entitled to receive maternity benefit, which is paid at the rate of her average daily wage for the period of her actual absence.
• To be eligible for maternity benefits under the Act, a woman must have worked for her employer for a minimum period of 80 days in the 12 months immediately preceding her expected date of delivery.
• An employee must give her employer written notice of her pregnancy and the expected date of delivery in order to avail of maternity leave. The notice should be given at least 8 weeks before the expected delivery date.

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Publisher: Monisha Ponnappa | Bizprout Expert Systems Private limited