Maternity leave allows pregnant mothers and new mothers to concentrate on the mother's health and recovery after birth and is a time for the mother and child to bond with the child outside of the workplace, so mothers do not have to worry about losing their jobs or pay.
Maternity leave is a legal right in India and is provided for under the Maternity Benefit Act, 1961 (the 2017 amendment). The purpose of maternity leave is to offer women paid leave to address their health and well-being, care for the mother and child, and ease women's return to work.
The essential framework for maternity leave in India is the Maternity Benefit Act, 1961, updated in 2017, following key amendments to the 1961 act that extended the number of weeks for paid leave, introduced paid leave for adoptive mothers and commissioning mother's and further provisions encouraging a workplace facility. All of the regulations provide a pathway for the mother to provide maternity leave and parental leave during pregnancy, delivery, and postnatal recovery, and guarantee a degree of income security.
This blog helps fully describe the rules and regulations, what it means, who qualifies, how much paid leave is provided, the employer's obligations, and the benefits of the employer's maternity leave policies. Also, to answer the commonly asked questions that might help you plan your maternity leave.
Maternity leave, often referred to as "pregnancy leave", offers a legally protected time away from work for a woman to give birth and recover. Within the time off, maternity leave returns a woman's job, wages, and any employment benefits that have been out during maternity leave.
In India, maternity leave is regulated by the Maternity Benefit Act, 1961 . The Act exists to provide eligible women with paid maternity leave during childbirth, time for medical needs during pregnancy, and throughout the initial months of delivery (Lahori, 2016). The Maternity Benefit (Amendment) Act, 2017 , increased the duration of paid maternity leave and added provisions for adoptive and commissioning mothers.
According to the updated law, most eligible employees are entitled to 26 weeks of paid maternity leave (and up to 8 weeks before the due date), and it is provided to adoptive and commissioning mothers for a child under three months old, to take 12 weeks paid maternity leave. The law also encourages returning to work under a work-from-home arrangement, if the company allows it, following maternity leave.
Maternity leave in India is not just a period of allotment of time off. Under the same Act, an employer cannot fire someone for being pregnant. Benefits during maternity leave continue with respect to seniority, increments, and other benefits. A creche must also be provided for certain companies, while the employee on maternity leave has an exclusive right to visit the crèche for the working day.
To qualify for maternity leave under the Act, a woman must have worked at least 80 days in the 12 months before the expected delivery date. These 80 days can include paid holidays and certain absence management appointments, and events that can be counted as days worked.
Eligible women for maternity leave include:
Fixed-term employees can qualify for maternity benefits as long as their contract covers the period of leave and they meet the service condition.
The broad parameters of the statute are factories, mines, plantations, and shops or establishments with the required number of employees. Many private companies offer benefits at parity or exceeding the statutory minimum. In situations where the employee is covered under the Employees' State Insurance (ESI) scheme with a qualifying contribution, maternity benefits may be provided through the ESI scheme rather than by the employer.
Yes, it's paid in India. Paid maternity leave is a legal entitlement for eligible employees under the Maternity Benefit Act. The employee is eligible to receive paid maternity leave for the entire duration of leave at the average daily wage. So, this ensures the employee gets paid to ensure financial security during and after their pregnancy.
Legally, women with less than two surviving children are eligible for 26 weeks of paid maternity leave. Some organisations go further than that and offer benefits beyond that, which may sometimes be advertised as "9 months maternity leave." The paid maternity duration depends on the employer's policy.
Maternity benefits are typically paid directly by the employer unless the employee is covered via ESI, in which case the payments come from the ESI Corporation. Paid leave also extends to miscarriage, medical termination, or a tubectomy, as described in the Act.
In India, the length of maternity leave is dependent on the number of live children, the type of motherhood relationship (biological, adoptive, or commissioning), and some medical scenarios. The Maternity Benefit Act, 1961 (amended in 2017), provides for different entitlements depending on the situation.
The table below details the common leave periods designated for each scenario and how those are divided before and after childbirth.
| Situation | Duration of Paid Leave | Before Delivery | After Delivery | Additional Notes |
|---|
Leave Structure and Timing:
Maternity leave may start as early as 8 weeks before the expected date of delivery, with the balance of weeks taken after birth. The total amount of leave is dependent upon the number of children who are surviving. Leave is also available for miscarriage, medical termination, or sterilisation operations, supported by evidence from a medical practitioner.
Wages and Job Protection:
Employees receive maternity benefit payments at the statutory rate for the requested period if it is approved. Employers cannot dismiss or change the conditions of a service as a result of maternity leave. Employees retain their service and benefits of employment, including seniority, as if they were employed during the maternity leave.
Workplace Facilities:
Employers with 50 or more employees must provide a childcare facility and allow scheduled visits during the day. Employers may offer work-from-home opportunities whenever practicable, and employers must maintain proper records and pay on time.
1. Workforce Coverage: When one of the key members of the team is absent for an extended period, it can often leave gaps in workflow, and work can take longer to get completed if not well planned and anticipated. Also, it is important to ensure projects and commitments are not in trouble in the absence of a key workforce member. Many companies will cross-train employees or provide temporary workforce replacements.
2. Compliance and Processes: Tracking eligibility, documentation, ESI coordination, payroll changes, and crèche obligations can take some prudent administration. When mistakes and negligence are shown can result in penalties or discrimination and having well-defined and visual processes that are followed and overseen by a dedicated HR person is vital.
3. Reintegration and Bias: When an employee returns from maternity leave, she may be subject to bias in subtle ways or not have access to the same opportunities as before. Implementing structured reintegration into the work group and working conditions that include flexible working hours , and mentoring can assist the employee's reintegration and keep the staff member's career progress on track.
4. Financial Costs: When staff take maternity leave, it usually results in extra costs for employers, such as salary to pay during the time of leave, covering staff temporarily, and providing crèche facilities. Larger companies may be able to absorb these terminal costs more easily, while smaller companies may find it more difficult.
5. Impact on Productivity: When work tasks are split up among existing employees, there could be additional work overload and stress. It can also reduce productivity and cause dissatisfaction among the other employees if not handled properly.
6. Communication Gaps: Since absences are long, you may have employees who miss updates on the day-to-day operations or are not as involved in providing input on ongoing projects. If this is important to employers, it should be noted that employers practice regular communication, so the employees on leave are in contact if they want to remain connected and informed.
Health and Recovery: Sufficient leave allows for a safe childbirth, following a proper recovery period, and ideally allows the new parent to focus on the needs of the child. Financial security for new parents reduces stress and offers improved healthcare outcomes.
Retention and Loyalty: A solid maternity leave plan will help to retain good employees, save on recruitment costs, and help improve morale. It contributes to a strong family-friendly reputation of the organisation.
Compliance and Trust: The state maternity leave laws offer compliance and build trust between the employer and employee. Trust leads to better engagement and productivity when the employee returns to work
Work-life Balance: Maternity leave enables new mothers to balance work duties with family responsibilities. This balance creates greater job satisfaction overall and is less likely to promote resignation sooner.
Employee Well-Being: This policy demonstrates that the company values the health and well-being of its employees and recognizes that personal needs. This support helps in building up a good workplace culture and better emotional connections to the organisation.
Attracting Talent: An effective maternity leave policy can help organisations recruit a skilled workforce. The policy demonstrates an organisation's commitment to diversity, inclusion, and employee well-being and reinforces the organisation as a desirable workplace.
