Understanding maternity leave policy in India: A comprehensive guide for employers and employees
Aniday 1
Maternity leave is a critical aspect of employment law that supports working mothers by providing them with time off to care for their newborns and recover from childbirth. In India, the maternity leave policy has undergone significant changes in recent years to ensure better protection and benefits for women. This article explores the key elements of the maternity leave policy in India, including eligibility, duration, benefits, and the responsibilities of employers and employees.
1. Overview of Maternity Leave Policy in IndiaIndia’s maternity leave policy is governed by the Maternity Benefit Act of 1961, which has been amended several times, most notably in 2017. The Maternity Benefit Act applies to all establishments with 10 or more employees, including factories, mines, plantations, shops, and other commercial establishments. The policy aims to protect the rights of pregnant women by ensuring job security, paid leave, and medical benefits during and after pregnancy.
2. Eligibility for Maternity LeaveTo be eligible for maternity leave in India, a woman must meet the following criteria:
Employment Duration: The employee must have worked for at least 80 days in the 12 months preceding her expected delivery date. This applies to full-time, part-time, and contractual employees.
Type of Employment: The Act applies to women working in establishments covered under the Maternity Benefit Act, including both the public and private sectors.
3. Duration of Maternity Leave
The duration of maternity leave in India has been significantly increased to better support working mothers:
Basic Maternity Leave: Female employees are entitled to 26 weeks of paid maternity leave. This can be taken up to eight weeks before the expected delivery date, with the remaining leave taken after childbirth.
Adoptive Mothers: Women who legally adopt a child below three months of age are entitled to 12 weeks of maternity leave from the date of adoption.
Surrogate Mothers: Women who become mothers through surrogacy are also entitled to 12 weeks of maternity leave, starting from the date of receiving the child.
For Births Beyond the First Two Children: If a woman has more than two surviving children, she is entitled to only 12 weeks of maternity leave, with six weeks taken before and six weeks after childbirth.
The Maternity Benefit Act provides various benefits to ensure that women are adequately supported during their maternity leave:
Paid Leave: Women are entitled to full wages during their maternity leave, calculated based on their average daily wage in the three months preceding the leave.
Medical Bonus: Employers are required to pay a medical bonus of ₹3,500 to women employees who do not receive any other medical benefits from their employer.
Job Security: The Act ensures that women cannot be dismissed from their job due to pregnancy, and their position must be retained during the maternity leave period.
Nursing Breaks: Upon returning to work, women are entitled to two nursing breaks, in addition to regular breaks, until the child turns 15 months old.
Employers have specific responsibilities under the Maternity Benefit Act to ensure compliance with the law and support their female employees:
Notification of Maternity Leave Policy: Employers must inform female employees about their rights under the Maternity Benefit Act, either through written communication or by displaying the information in the workplace.
Timely Payment of Benefits: Employers must ensure that maternity benefits, including wages and medical bonuses, are paid on time.
Provision of Crèche Facilities: Establishments with 50 or more employees must provide crèche facilities within a specified distance from the workplace. Women employees should be allowed to visit the crèche four times a day.
No Discrimination: Employers must not discriminate against women due to their pregnancy and must not terminate their employment during maternity leave, except for gross misconduct.
6. Rights and Responsibilities of Employees
Female employees also have certain rights and responsibilities under the Maternity Benefit Act:
Notification to Employer: Employees must inform their employer of their pregnancy and intended maternity leave period in advance. This notification should be given at least 10 weeks before the expected delivery date.
Compliance with Medical Advice: Employees are expected to follow medical advice during pregnancy and maternity leave to ensure their health and that of their child.
Return to Work: After the completion of maternity leave, employees have the right to return to the same or a similar position within the organization.
While India’s maternity leave policy is progressive, there are still challenges and considerations for both employers and employees:
Small and Medium Enterprises (SMEs): SMEs may face financial and operational challenges in providing extended maternity leave and benefits, which may require government support or incentives.
Awareness and Compliance: There is a need for greater awareness among employers and employees about the provisions of the Maternity Benefit Act to ensure compliance and protection of women’s rights.
Balancing Work and Family: Women often face challenges in balancing work and family responsibilities post-maternity leave, highlighting the importance of flexible working arrangements and supportive workplace policies.
The maternity leave policy in India is a vital component of employment law, designed to support the well-being of working mothers and their families. By providing paid leave, job security, and additional benefits, the Maternity Benefit Act empowers women to manage their professional and personal responsibilities effectively. Employers must adhere to the legal requirements and create a supportive work environment that respects the rights of pregnant women and new mothers. As awareness and compliance improve, India’s maternity leave policy will continue to play a crucial role in promoting gender equality and fostering a more inclusive workforce.
