What is the Maternity Leave Policy?

 

Maternity leave in India is a important provision that ensures the well-being of working women during pregnancy and childbirth, providing them with essential time off while safeguarding their job security and financial stability.

 

Introduced under the Maternity Benefit Act of 1961 and later amended in 2017, the maternity leave policy in India has evolved to meet the changing needs of the workforce. This legislation mandates paid leave for women employees, allowing them time to care for their newborns without the added stress of work obligations.

 

The Maternity (Amendment) Bill 2017 brought a lot of necessary amendments in the Act. Let us understand:

 

Understanding Maternity Leave in India

 

Duration: Under the Maternity Benefit Act of 1961, women are entitled to 26 weeks of paid leave for their first two children, increased from 12 weeks in 2017.

For subsequent children, including biological mothers in surrogacy arrangements and mothers adopting a child under 3 months, the leave duration is 12 weeks.

 

Flexibility: Women have the option to take up to 8 weeks of leave before the expected delivery date.

 

Payment: During maternity leave, women receive their full average salary, 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: Maternity leave 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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