Maternity Leave

What is Maternity leave?

Maternity leave is the paid time off employers provide to pregnant women or new mothers to take care of themselves and their children. The Maternity Benefit Act, 1961 under the Indian Government sets the maternity leave rules in India.

Under this Act, maternity leave offers to-be-mothers paid time off work, extra money for medical needs, and breaks for nursing their babies.

The Maternity Benefit Act of 1961 also takes into account the “commissioning mother,” who’s a biological mom using her egg to create an embryo implanted in another woman. It extends maternity leave to 26 weeks for all moms, with 8 weeks before delivery.

A woman with two or more kids gets 12 weeks off, with 6 weeks before delivery. Adoptive moms and commissioning mothers also get 12 weeks of leave. If the job allows, moms can work from home during this time.

Duration and Types of Maternity Leave 

The duration and types of maternity leave entitlement in India are clearly laid out under the Maternity Benefit Act, 1961, incorporating amendments like the Maternity Benefit (Amendment) Act, 2017. 

Duration of Maternity Leave

The duration of maternity leave in India depends on factors such as the number of children a woman has, and the circumstances of childbirth. 

However, to qualify for maternity leave, a woman must have worked at least 80 days in the 12 months preceding her expected delivery date. The employee can claim an additional 1 month of paid leave in case of illness arising out of pregnancy, delivery, premature birth, or miscarriage. 

Note: If a woman dies during childbirth, her nominee or legal representative is still entitled to the full maternity benefits. If the child also dies, the benefit continues up to the child’s death. 

Types of Maternity Leave in India

Apart from the standard duration based on childbirth, the Maternity Benefit Act also provides different types of leave depending on specific situations: 

Maternity leave is fully paid, based on the average daily wage of the employee in the preceding three months. Employers may be required to provide an additional medical bonus of ₹1,000 if pre-natal and post-natal care is not offered free of charge. 

However, employees must submit written notice with proof of pregnancy to claim leave benefits. And during maternity leave, they cannot be employed elsewhere or dismissed on grounds of absence. 

For example, a woman pregnant with her second child can choose to begin her maternity leave up to 8 weeks before delivery and continue with the remaining 18 weeks after childbirth, making a total of 26 weeks. If she undergoes a tubectomy procedure after delivery, she becomes eligible for an additional 2 weeks of leave for recovery. 

What are the Eligibility criteria for maternity leave?

To be eligible for maternity leave, women in India need to have been employed with their current employer for a minimum of 80 days in the 12 months leading up to their expected delivery date.

This requirement applies to pregnant women, those opting for adoption, or those who have faced miscarriages. The Maternity Benefit Act, 1961 extends to both private and public sector organizations with more than 10 employees. It excludes self-employed individuals and businesses with fewer than 10 employees.

However, if a woman works in a place covered by the Employees State Insurance Act, 1948, she won’t be covered by the Maternity Benefit Act. But if she earns more than Rs. 21,000 per month, she’ll still get benefits from the Maternity Benefit Act.

The Act defines “woman” broadly as any female employed for wages in any establishment, irrespective of marital status or age. This includes all types of employment arrangements, such as casual or contract labor, with the responsibility for maternity benefits extending to the principal employer.

Maternity Leave Benefits 

The Maternity Benefit Act, 1961 ensures that women are protected during and after pregnancy by providing financial support, job security, and medical care. These benefits allow working mothers to focus on their health and the child’s well-being without the stress of losing income or employment. 

Some major benefits under the Act: 

• Paid maternity leave: Women are entitled to wages at the average daily rate for the entire leave period. 

• Medical bonus: An additional ₹1,000 is payable if the employer does not provide free pre-natal and post-natal care. 

• Job protection: Employers cannot dismiss or discharge a woman during maternity leave. She has the right to return to work after leave. 

• Additional leave for illness: Up to 4 weeks of extra leave in case of complications from pregnancy. 

• Nominee benefit: If the woman dies during childbirth, the benefits are payable to her nominee or legal representative. 

What are the benefits of the maternity leave policy?

The main importance of the maternity leave policy in India is the social responsibility it entails. It protects working women to carry out their maternity duties Providing such protection brings several benefits for the mother, her child, the economy, and society as a whole.

Here are four key benefits of the policy:

1. Enforces a fundamental human right

Maternity protection is vital for respecting human rights. It ensures that women can work without the fear of discrimination in the workplace. It serves as the support they need for a secure and fair workplace during pregnancy. This is why so many human rights treaties stress the importance of maternity protection.

2. Promotes gender equality

All genders in the world can take care of children. However, women are the only ones who can do it physically and breastfeed newborns. The maternity policy ensures that women can fulfill this natural role without jeopardizing their ability to work or financial security.

Therefore, maternity requires special consideration to achieve true equality. Protecting maternity rights is fundamental to ensuring equal opportunities and fair treatment for women in the workplace.

3. Supports maternal and child care

Maternity leave provides mothers with the time they need to recover from childbirth and bond with their newborns. It allows them to focus on caring for their babies without worrying about work responsibilities.

This support helps promote maternal well-being and strengthens the mother-child relationship. Such a relationship is crucial for the child’s development and overall family health.

4. Upholds economic growth

Maternity protection supports women’s continued contribution to economic growth. It maintains the health of women and children, benefiting individuals, families, businesses, and societies. It strengthens women’s economic roles and labor force attachment.

Employers can recruit and retain skilled female employees more effectively with maternity protection. Implementing maternity protection measures leads to

• Lower staff turnover
• Decreased absenteeism
• Higher rates of return after leave
• Reduced health costs
• Increased employee morale and loyalty

Employer Obligations and Provisions in Maternity Leave 

The Maternity Benefit Act, 1961 not only safeguards the rights of women employees but also places clear obligations on employers to ensure safe and fair working conditions. Employers are legally bound to follow these provisions: 

Prohibited work condition: Employers cannot assign strenuous, hazardous, or long-duration standing tasks to a pregnant woman, especially in the last month before her six-week pre-delivery leave period. This is to protect both maternal and fetal health. 

Crèche Facility Requirement: Establishments with 50 or more employees must provide access to a crèche facility and allow mothers to visit up to four times a day. This ensures continued childcare support after returning to work. 

Work from home allowance: If the nature of work permits, employers may allow women to work from home after the maternity leave period, on mutually agreed terms. This provision was added in the 2017 amendment. 

Return to work: Employers must allow a woman to resume her job in the same position with equal pay and benefits after maternity leave. Termination or dismissal during maternity leave is prohibited under the Act. 

What are the rules of maternity leave policy in India?

The rules of maternity leave policy in India are the same for government as well as private sector employees.

• Employers cannot employ a woman for six weeks after childbirth, miscarriage, or abortion.
• Pregnant women cannot be given tough or risky tasks four weeks before delivery.
• Maternity benefits include payment at the average daily wage for the preceding three months, or minimum wages, or ten rupees per day, whichever is highest.
• To get maternity leave, a woman must have worked for 80 days in the past year.
• Maternity leave is 26 weeks (8 weeks before the due date) for some, and 12 weeks for others.
• If a woman dies during maternity leave, benefits go to her nominee or legal heir.
• A medical bonus is provided if no free prenatal and postnatal care is given.
• Two weeks of leave is given for a tubectomy operation.
• Women adopting babies under three months get 12 weeks of leave.
• Working from home during maternity leave is allowed if the job permits.
• Establishments with 50+ employees must have a crèche.

What steps should you take to prepare for maternity leave?

There are several things to ensure and follow before you step into a maternity leave. It is mostly unadvised to go on maternity leave without notice. The steps to follow before taking maternity leave are as follows:

• Go through the Maternity Benefit Act, 1961 (with the 2017 update) thoroughly to know your rights.
• Plan your leave and discuss with a co-worker or teammate to take up your responsibilities.
• Have a conversation with your manager/team leader.
• Share your plan with your co-workers and encourage new opportunities for them.
• Reach out to external stakeholders and keep them in the loop.
• Stay in contact with your team to show support.

Maternity Leave in Global Context 

Maternity leave laws vary significantly across countries, reflecting different approaches to employee welfare and family support. Below is an overview of how India compares to some major regions: 

India: Women are entitled to 26 weeks of paid leave for the first two children, and 12 weeks for the third child onwards. Adoptive and commissioning mothers are entitled to 12 weeks. Employers bear the cost, and provisions like medical bonus, crèche facility, and work-from-home options exist. 

United States: The U.S. does not mandate paid maternity leave at the federal level. Instead, the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible employees. Some states and private employers offer paid benefits. 

United Kingdom: Eligible women can take up to 52 weeks of maternity leave, with Statutory Maternity Pay (SMP) for 39 weeks. Pay is 90% of average weekly earnings for the first 6 weeks, then a fixed rate (or 90% of earnings if lower) for the remaining weeks. 

European Union (General): Most EU countries provide between 14–20 weeks of paid maternity leave, funded through social security systems, not solely by employers. For instance, Germany provides 14 weeks of fully paid leave. 

Australia: Eligible employees are entitled to 18 weeks of paid parental leave at the national minimum wage, funded by the government. Employers may also top this up through company policies. 

Frequently Asked Questions (FAQs)

1. Is maternity leave paid in India?

Yes, maternity leave is a paid leave in India. The Maternity Benefit Act ensures that employers pay in full amount to women claiming this leave.

2. How to claim maternity benefits?

To claim maternity benefits, a woman employed in an establishment must:

• Give written notice to her employer, stating her intention to claim maternity benefits.
• Specify whether the benefits should be paid to her or a nominated person.
• Refrain from working during the maternity benefit period.

3. How long is maternity leave in India?

The maternity leave in India is usually for 26 weeks for women having their first or second children. It is reduced to 12 weeks for succeeding childbirth. Adoptive and surrogate mothers also get 12 weeks of paid leave.

4. How many times can maternity leave be availed?

There is no limit on how many times a woman can avail of maternity leave. It can be availed for each pregnancy. The duration of the leave is limited after the first two childbirths.