Maternity Leave in India: Importance & Benefits

Ayushi A

co-founder

| 8 min read

Maternity leave is a time given by the employer to the employee to take care of her newborn baby. It is a legal right of every working woman in India. As per the Maternity Benefit Act, of 1961, every working woman is entitled to 12 weeks of maternity leave. This leave can be availed by the woman before or after the delivery of the child.

The Maternity Benefit Act, of 1961, is a Central Act that provides certain benefits to working women during their maternity period. The Act is applicable to all establishments employing 10 or more persons. The Act is administered by the Ministry of Labour and Employment.

Key Takeaways

  • Maternity leave is a time given by the employer to the employee to take care of her newborn baby. It is a legal right of every working woman in India.
  • As per the Maternity Benefit Act, of 1961, every working woman is entitled to 12 weeks of maternity leave. This leave can be availed by the woman before or after the delivery.

The objectives of the Act are as follows:

To provide certain benefits to working women during their maternity period.

To regulate the employment of women in certain establishments for certain periods before and after childbirth.

To provide for the payment of maternity benefits to women.

The Act provides the following benefits to working women:

Maternity leave of 12 weeks: The Act provides for 12 weeks of maternity leave to working women. This leave can be availed by the woman before or after the delivery of the child.

The Act provides for 12 weeks of maternity leave to working women. 

Some of the Common Concerns of Expecting Mothers in terms of job and maternity policy:

Expectant mothers often have many concerns when it comes to their job and maternity policy. They may worry about how their job will be affected by their pregnancy, how much time they will be able to take off work, and what kind of benefits they will be entitled to.

It is important for expectant mothers to familiarize themselves with their company’s maternity policy before they take any time off. This way, they will know what to expect and will not be caught off guard. Many companies have very different policies, so it is important to know what yours is.

Some expectant mothers worry that they will be treated differently at work once their pregnancy becomes known. Unfortunately, there is no way to know for sure how your coworkers and boss will react. However, it is important to remember that you have rights as an expectant mother, and you should not hesitate to assert them if you feel you are being treated unfairly.

Another common concern among expectant mothers is how they will manage to take care of their babies while also working. This can be a difficult balancing act, but there are some ways to make it work. Many companies offer flexible work schedules or allow employees to work from home on occasion. If your company does not offer these options, Check out the list of hr executive roles and responsibilities.

What is Maternity leave?

Maternity leave is the time a mother takes off from her job to have and care for her new baby. This leave can be paid or unpaid, and how long it lasts depends on the country and the employer. In the United States, the Family and Medical Leave Act (FMLA) protects a woman’s job during maternity leave, but many women do not have access to this protection. In other countries, like Canada and the United Kingdom, maternity leave is more common and typically lasts several months.

There are many benefits to taking maternity leave, both for the mother and the child. For the mother, it allows her time to recover from childbirth and bond with her baby. It can also help reduce the risk of postpartum depression. For the child, it gives them a chance to develop a strong attachment to their mother.

Maternity leave can be a challenge for employers, especially if the mother is the primary breadwinner for the family. It can also be difficult to find quality child care during this time. However, there are many ways to manage these challenges, and the benefits of maternity leave outweigh the challenges.

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The maternity leave act applies to

Eligibility

The Maternity Leave Act applies to employees who have been with their current employer for at least 12 months. To be eligible, employees must have a confirmed pregnancy and must provide their employer with a medical certificate.

Maternity leave can be taken from the start of the pregnancy, or up to four weeks before the expected due date. The leave must be taken in one continuous block, and cannot be split up.

Extension of period

The period of maternity leave can be extended in certain circumstances, such as if the employee is breastfeeding, or if there are medical complications with the pregnancy.

Maternity leaves

Law for adoptive mothers: Maternity leave is a time period during which a woman is absent from work in order to give birth and care for her newborn child. In India, the Maternity Benefit Act, of 1961 provides for 12 weeks of paid leave for pregnant women, as well as certain benefits in the case of a miscarriage or abortion.

Maternity law for commissioning mothers in India

Adoptive mothers are also entitled to 12 weeks of paid leave, under the Adoption Leave policies of human resource management of the Central government. Commissioning mothers, who opt to use a surrogate to carry their child, are also entitled to 12 weeks of paid leave.

Tubectomy during pregnancy

Tubectomy, or tubal ligation, is a permanent form of contraception. It is usually done during pregnancy, as it is considered to be a safer time for the procedure. However, it is important to note that tubal ligation does not protect against sexually transmitted infections (STIs).

Leave for government civil employees

Female civil employees benefit from a paid leave of 180 days for the first two live-born children.

Leave for Private sector employees

Private sector female employees have to ensure maternity leave policies with their HR team. The leave and payment provisions vary for different companies.

Maternity Leave in India Act 2017 Benefits & compensation guidelines:

The Maternity Leave in India Act 2017 provides certain benefits and compensation to working mothers in India. The benefits and compensation provided by the Act are as follows:

1. Maternity Leave: The Act provides 12 weeks of maternity leave to working mothers. This leave can be availed by working mothers who have completed at least 3 months of continuous service with their employer.

2. Childcare Leave: The Act also provides for 6 weeks of childcare leave to working mothers. This leave can be availed by working mothers who have completed at least 3 months of continuous service with their employer.

3. Breastfeeding Leave: The Act provides for 4 weeks of breastfeeding leave to working mothers. This leave can be availed by working mothers who have completed at least 3 months of continuous service with their employer.

4. Adoption Leave: The Act provides 12 weeks of adoption leave to working mothers. This leave can be availed by working mothers who have completed at least 3 months of continuous service with their employer.

5. Paternity Leave: The Act provides for 2 weeks of paternity leave to working fathers. This leave can be availed by working fathers who have completed at least 3 months of continuous service with their employer.

What basic clause should the Maternity policy include?

The Maternity Leave Act is an important piece of legislation that provides new mothers with the ability to take time off from work to bond with their children. However, there are a few key things that HR should keep in mind when incorporating this act into their policies.

First and foremost, it is important to remember that the Maternity Leave Act is a federal law, which means that it supersedes any state laws that may be in place. This is important to keep in mind if your company has employees in multiple states, as you will need to ensure that your policy complies with federal law.

Secondly, the Maternity Leave Act provides new mothers with 12 weeks of unpaid leave. However, many companies choose to offer paid maternity leave as a benefit to their employees. If your company offers paid maternity leave, be sure to clearly state the terms of this benefit in your policy.

Finally, it is important to keep in mind that the Maternity Leave Act does not require companies to provide health insurance to employees on maternity leave. However, many companies choose to do so as a way to support their employees during this time. If your company offers health insurance to employees on maternity leave, be sure to include this information in your policy.

Alternate Policy for Maternity

There are different maternity acts in India offering maternity benefits. An organization cannot incorporate two different maternity acts at once.

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ESI – Employees State Insurance

ESI is a self-financed plan and applicable for women employees, drawing a salary of 15,000/month or less. According to this Act, the employer contributes 3.25 % to the insurance, and the employee contributes 0.75 %.

The Factories Act of 1948

The Factories Act ensures full wages for the 12 weeks of maternity leave.

Conclusion

Importance of maternity leave in India: Maternity leave is a time given by the employer to the employee to take care of her newborn baby. It is a legal right of every working woman in India. As per the Maternity Benefit Act, of 1961, every working woman is entitled to 12 weeks of maternity leave. This leave can be availed by the woman before or after the delivery of the child.

Administration: The Maternity Benefit Act, of 1961, is a Central Act that provides certain benefits to working women during their maternity period. The Act is applicable to all establishments employing 10 or more persons. The Act is administered by the Ministry of Labour and Employment.

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