Maternity leave policy in India allows a female employee to take time off work when her child is born. Over the years, the policy for maternity leave in India has strengthened.
In this article, we have explained what is maternity leave policy in Inida and how a women can take maternity leave in India.
As per the original Material leave in India policy or the Maternity Benefit Act of 1961, working women had to be paid maternity benefits. The rate for the same was their average daily wage in the three months preceding the maternity leaves.
Under this act, female employees were entitled to only 12 weeks of maternity leave. However, this situation changed for the better in 2017. In a much-awaited decision by the Indian government, maternity leave for women increased.
Under the new law, female employees can take up to 26 weeks of maternity leave. The prenatal leave also got increased from six to eight weeks. Moreover, non-compliance with the regulations now carries a penalty.
That said, the new act is eligible for only those women who work in organizations with over ten workers. Lets uncover the current maternity leave policy in India in detail.
As per the Act, some requirements to claim maternity leave in India are:
The Maternity Leave Act of 2017 establishes a period for pregnant women employees to be away from work for their benefit. It applies to premises like corporates, factories, shops, mines, plantations, and government establishments.
Let us understand the payment provisions, time period, leaves, and benefits for maternity leave in India.
Pregnant employees are liable for paid leave based on the average daily wage for the period of absence. They can bifurcate the leaves as post and pre-delivery.
According to the 2017 Maternity Act, women are liable to 26 weeks of paid maternity leave in India. However, the number of leaves varies for women expecting their third child. The number of leaves allotted for such women is 12 weeks.
The maternity leave in India policy is similar for adoptive mothers as well. They also get a 12-week paid leave from the day of adoption. It is applicable for babies below three years of age.
Biological mothers who impart their egg to create an embryo, which then gets planted in another woman, are liable for 12 weeks of leave. In the case of Tubectomy (permanent contraception), a woman can opt for two weeks off from the operation.
1. Choice To Work From Home
The maternity act contains a provision that allows an employer to let a new mother work from home. However, it only applies if a persons employment permits them to work from home. Once the maternity leave ends, the employer and employee can use this arrangement if mutually agreed.
2. Maternity Bonus
Breastfeeding and pregnant mothers are eligible for a minimum INR 6000 bonus under the National Food Security Act of 2013.
3. Healthcare Incentive
Female employees expecting a child are allowed a healthcare incentive for INR 3500.
4. Creche Facility
The Maternity Benefit Act of 2017 made creche facilities mandatory. However, it applies to establishments with over 50 employees. Female employees may visit this facility four times daily.
5. Critical Illness Benefit
Women suffering from critical circumstances like medical termination of pregnancy, miscarriage, or premature delivery, are liable to a one-month benefit.
Female workers emphasize the maternity leave policy of the organization they plan to work with immensely. An ambiguous or incoherent maternity policy can make them apprehensive about an organization. Thus, HR managers must prepare a maternity policy that offers practical benefits and is easy to comprehend.
Here are some essential pointers every HR leader must remember while designing a maternity leave in India policy for their organization.
Navigating pregnancy benefits can be troublesome, especially if youre new to an organization or expecting your first child. That is why discussing the maternity leave policy beforehand with your HR can be incredibly helpful. Here are some vital aspects of the maternity leave policy which women workers should expect.
1. Pregnancy & Family Related Benefits
Your employer must provide benefits to you and your family during the pregnancy stage.
2. Flexible Workload
The workload before and after your maternity leave should be flexible. Your organization shouldnt load you with excess work during this period. Many organizations mention this separately in their policy.
3. Remote Work Option
Asking if your organization offers a work-from-home option post-delivering baby is essential. Having such a policy will save you time and childcare costs.
Can my employer fire me because Im pregnant?
No, an employer cannot do so. In fact, no employer can terminate a pregnant employees work contract under any circumstances. Working women need to oppose such behavior strongly. Besides, you must know your legal rights in the workplace. Any employer indulging in this behavior can be legally liable under the new maternity benefit act.
What will happen if I dont return to my workplace post-pregnancy?
You are only entitled to 26 weeks of paid leave unless any complication occurs. But you wont be liable for compensation if you dont return to the workplace.
Do private company pay for maternity leave?
Yes, any private company having more than 10 employers must pay maternity leave benefits to the women.
Can I take maternity leave 4 months pregnant?
As per the maternity leave ACT, an employee will be able to take maternity leave 8 weeks before the delivery. Hence, if you have more than 8 weeks for delivery, then you will be not able to take leave.
Women are under immense stress after giving birth and during pregnancy. Maternity perks can help them manage their personal life and career easily. By providing maternity benefits, employers can make the pregnancy journey of their female employees secure and happier.
