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Maternity Leave Policy in India (2023)

Women in the past and since the very beginning have been an invisible force in the workforce but nowadays it is becoming more conspicuous. But despite joining the workforce, women are still seen as having the primary responsibility of household work and child care. This situation becomes even more stressful during the time of pregnancy or when they have children to look after. In the past, employees would fire women if they saw that the need for maternity leave or the fact that the worker was pregnant interfered with the said worker’s ability to perform. Thus, in order to avoid being fired, they would take leave without pay.

In August 2016, a much-awaited decision was finally taken by the government, when the amendments were passed for the Maternity Benefit Act, 1961, increasing the period of maternity leave from 12 weeks to 26 weeks. A working mother is always under stress as she has to juggle work and her newborn and can allow neither to suffer. By allowing a long maternity leave, companies can help mothers bond well with their baby, take care of the physical needs of their child and see all of his/her significant development milestones. For a better employee and employer relation, a good and extended maternity leave is important.

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.

Conclusion

Regardless of the role that a woman plays in her life, from a homemaker to a job person, she has all the rights to make her phase of pregnancy a high priority before anything else. That’s why it is important for every woman and her family to be aware of such maternity benefits.

Also for an employer, apart from giving mandatory maternity benefits from the organization itself, here’s an affordable and wonderful effort you can make for your female employees who are to-be mothers, to make their pregnancy even more beautiful and safe which can even help boost their morale and productivity.

One of the important components of our overall wellness is also being financially secured. Healthcare emergencies can happen any time, but a good health insurance policy can protect you from such uncertain situations. To know more about Wellness and other health related tips, visit the wellness corner.

Source: Ministry of Labour and Employment, India

Disclaimer: This blog provides general information and discussions about health and related subjects. The information and other content provided in this blog, website or in any linked materials are not intended and should not be considered, or used as a substitute for, medical advice, diagnosis or treatment. Kindly contact your Doctor before starting a new medicine or health regime.

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Published on November 25, 2021