Maternity Leave in India: Importance & Benefits 2024
What is the Maternity Leave?
Maternity leave in India is a vital provision that grants paid time off to women employees, enabling them to care for their newborns while ensuring job security and financial support.
India, as a developing nation, initiated its first Maternity Leave Act in 1961, known as The Maternity Benefit Act, 1961. This groundbreaking legislation mandated a paid leave of 12 weeks post-childbirth for women employees, applicable to establishments with ten or more workers. The Act’s scope extended to women employed on contractual, permanent, or agency basis.
In response to shifting employment dynamics, the Maternity Leave Act underwent significant amendments to accommodate changing social and economic landscapes. The Maternity (Amendment) Bill 2017 introduced substantial revisions to the Act, addressing contemporary needs and challenges faced by working women.
The Maternity (Amendment) Bill 2017 brought a lot of necessary amendments in the Act. Let us understand:
Understanding Maternity Leave in India
Duration:
26 weeks of paid leave for the first two children (increased from 12 weeks in 2017)
12 weeks for subsequent children (including biological mothers in surrogacy arrangements and mothers adopting a child under 3 months).
Flexibility: You have the option to take up to 8 weeks before the expected delivery date.
Payment: Full average salary during leave, calculated based on the three months preceding the leave period.
Job Protection: Employers cannot terminate employment during or due to maternity leave. Women have the right to return to the same or an equivalent position.
Eligibility: Applies to women working in establishments employing ten or more people (except those covered under the Employees’ State Insurance Act, 1948). A minimum of 80 days of work in the 12 months preceding the expected delivery date is required.
Compensation and Benefits under the Maternity Leave Act 2017:
1. The maternity leave payment is at the rate of the average daily wage for the period of absence.
2. A medical bonus of Rs. 3500 is entitled in addition to the 26 weeks of paid leave & 12 weeks of paid leave for already a mother of two.
3. Some companies allow remote work arrangements during or after maternity leave if the job nature permits.
4. Pregnant Women and lactating mothers further draw a benefit of Rs. 6000/- under the National Food Security Act 2013.
5. Establishments with 50 or more women employees are required to provide childcare facilities for children under 6 years old.
Norms Under The Maternity Leave:
1. The act states, the employer should not give a pregnant employee difficult tasks, including long-standing working hours, ten weeks before the delivery, such that it might affect both Mother and child.
2. The employer should ensure the health and safety of the female employer and mandate that she should not be involved in any work six weeks following the delivery as well as miscarriage.
3. The law also states that the employer cannot dismiss or discharge a female employer during the maternity leave period.
4. If an employer does not adhere to the Maternity Act, there are severe repercussions. The penalty to an employer for non-acceptance of the Act is a fine of Rs. 5000/- or imprisonment which can extend to a year or both.
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HR Considerations for Maternity Leave Act:
1. Every HR has to draft a detailed Maternity Leave Policy as an essential document. Every organization should communicate to a pregnant woman in writing or e-mail about her rights and the details thereof.
2. HR should revise the Maternity leave policy as per the government regulations.
3. A pregnant employee is by default, exempted from the regular performance appraisal cycle.
4. A provision to make the women employees work from home.
Alternate Policy for Maternity
There are different maternity acts under India offering maternity benefits. The Maternity Benefits Act stipulates that an organization cannot incorporate two different maternity acts at once.
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 1948
The Factories Act ensures full wages for the 12 weeks of maternity leave.
FAQs on Maternity Leave Policy in India:
1. Is maternity leave paid?
Yes, it is paid according to the Indian Maternity Benefit Act 1961
2. Can maternity leave be extended under certain circumstances?
In certain circumstances, maternity leave can be extended beyond the specified duration, subject to approval from the employer and compliance with legal regulations
3. What documents are required to claim maternity leave?
To claim maternity leave, necessary documents such as medical certificates and application forms prescribed by the employer or government authorities may be required.
4. Are adoptive mothers entitled to maternity leave?
Yes, they are entitled to maternity leave in India, providing them with the opportunity to care for and bond with their newly adopted child.
5. Can an employer terminate an employee while on maternity leave?
Terminating an employee while on maternity leave is illegal under the Maternity Benefits Act, protecting women during this critical time.
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