Maternity Leave Policy in India (2023)

What is Maternity Benefit Act 1961?

The Maternity Benefit Act provides that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. However, the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you need not structure your leaves in this manner—you can instead take the entire 26 weeks of leave after the delivery. Also, these are maximum periods of claim and you can claim the benefit for a smaller period as well. Organizations with 10 + employees got eligible for the establishment of this act including their women employees on a contract or permanent basis.

The Maternity Leave Act Is Applicable for the following:

• Adoptive mothers:

They are eligible for 12 weeks leave starting from the day of adoption for the baby below 3 months of age.

• Commissioning mothers:

The biological mother who imparts her egg to create an embryo which is then planted in another woman is eligible for 12 weeks leave.

• Tubectomy cases:

A woman can opt for 2 weeks leave, from the date of the tubectomy operation.

• Illness post-pregnancy:

The act allows a benefit of 1 month for women who are suffering from critical illness post pregnancy.

• Government civil employees:

They are eligible for a paid leave of 180 days for the first 2 live-born children.

• Private sector employees:

Women in private sectors are supposed to ensure maternity leave policies with their HR team. Since, it might vary from company to company. It is the duty of an HR to draft and revise a detailed Maternity Leave Policy and also take an initiative to make pregnant women work from home for better comfort. Such maternity leave rules for private sector are important.

2017 Amendment

The Amendment introduced certain new provision —

Work from Home option:

The MB Amendment Act has also introduced an enabling provision relating to "work from home" for women, which may be exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are mutually agreed with the employer.

Crèche facility:

The MB Amendment Act makes crèche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the crèche 4 times during the day.

Employee awareness:

The Amendment makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment. Termination of employment without any reason, which coincides with the first day of maternity leave, would be deemed to be termination on account of pregnancy and thus illegal and unjustifiable, despite the contract of employment stating that termination could occur without the provision of reasons.

Eligibility for Maternity Leave in India

In India, maternity leave is available to all female employees working in both private and public sector organisations. This includes women employed in various sectors, such as government agencies, private companies, plantations, factories, and more, provided the organisation has at least 10 employees.

Important points to note:

· The Maternity Benefit Act does not cover self-employed women or those working in companies with less than 10 employees.

· To qualify for maternity leave, the women employee must have worked in the company for at least 160 days within the 12 months before her expected delivery date.

Maternity Leave Duration in India

The duration of maternity leave in India depends on the type of maternity leave you apply for. The following table provides a clear overview of the maternity leave duration: