Maternity Leave Policy in India

Working women in India face numerous challenges. Maternity leave plays a vital role in ensuring the overall well-being of the mother and newborn child and allows women to adjust to their new role as mothers.

Maternity benefits are necessary to protect women’s economic rights, ensure job security, and support their social function of childbearing and rearing. The Indian Maternity Benefit Act of 1961 provides comprehensive maternity benefits, including paid leave, medical bonuses, and nursing breaks. Additionally, having adequate health insurance coverage is crucial for working women to address any medical expenses related to maternity.

Let’s learn more about the eligibility criteria, why it is essential for women, the rules of the Leave Policy, HR’s role in granting you leave, and more.

Maternity Leave Benefits in India

1. The Maternity Benefit Act in India provides maternity benefits such as paid leave for women employees who need to fulfil their maternal obligations and duties.
2. For first and second-time mothers, the leave is for 6 months or 26 weeks, while every subsequent child entitles the mother to 3 months or 12 weeks of paid maternity leave.
3. Many companies offer maternity health insurance to their employees under their group health insurance policies. However, that depends on the insurance provider that the company is buying from.
4. The Act also ensures the holistic well-being of mothers and their babies by providing childcare provisions.
5. Employers cannot fire or dismiss women employees solely because they are pregnant, in labour, or recuperating post-childbirth
6. The Act mandates that pregnant women have access to amenities, such as hygienic restrooms, comfortable seating, and safe drinking water in their workplace.
7. The Act entitles pregnant women to additional leave days if they are unable to return to work after the maternity leave period.
8. The payment for maternity leave is at the rate of the average daily wage for the period of absence, with an additional medical bonus of Rs 3500 and a benefit of a minimum amount of Rs 6000 under the National Food Security Act 2013
9. Employers must not give pregnant employees difficult tasks or long working hours ten weeks before delivery to ensure the health and safety of both the mother and child.
10. HR departments can incorporate measures to support pregnant employees, including:

• flexible working arrangements
• counselling services
• wellness programs

Important Rules of Maternity Leave Policy in India

1. The Maternity Benefit (Amended) Act 2017 in India provides full compensation to women employees during their maternity leave
2. Compensation via the maternity leave policy is calculated based on their salary or daily wages in the three months before their maternity leave request
3. A minimum of 80 days of work at their workplace in the 12 months before their delivery or adoption date is required
4. Depending on whether the woman is expecting her first or subsequent child, she can take up to a maximum of 26 weeks off for her maternity leave, with up to 8 weeks off before delivery
5. Maternity leave is payable, and the amount payable to the mother is equal to the rate of average daily wage for the period of her actual absence
6. Various statutes as the following prescribe different procedures and compliances for employers while dealing with the maternity health of their employees, such as:

• Employer State Insurance Act, 1948
• the Maternity Benefit (Mines and Circus) Rules, 1963
• the Central Civil Service Rules, 1972
• the Mines Act, 1952

Maternity Leave Eligibility in India

• Eligibility as per maternity leave rules requires at least 80 days of work with the employer in the 12 months prior to the expected delivery date
• Pregnant, adopting, or women who experience miscarriages are eligible for maternity leave
• Surrogate or commissioning mothers can take up to 26 weeks of maternity leave from the day the newborn is handed over to the adoptive parents
• The Act applies to both public and private sector women employees
• Full salary is guaranteed during the maternity leave period
• Duration of six months for first and second-time mothers and three months for subsequent children
• Childcare provisions and the right to return to the previous position are provided
• Additional leave days are granted for new mothers who require more recovery time
• Pregnant employees are entitled to certain workplace amenities, such as
• hygienic restrooms
• comfortable seating and working arrangements
• safe drinking water

Things to Consider While Applying for Maternity Leave in India

When applying for maternity leave in India, you should consider the following things:

1. Know if you are eligible for maternity benefits from your employer and if you have served the minimum required months or years of service.
2. Understanding the rules and regulations of the Maternity Benefit Act to ensure legal compliance and make sure you get the benefits you deserve.
3. Learn about the relevant documents to be submitted while applying for leave; this includes a medical certificate which confirms you are pregnant and a copy of the official mail you have sent your employer requesting maternity leave.
4. Know the exact rules about unexpected delivery dates, pre-natal care, post-natal care and so on.
5. Understand the benefits of the act and claim the ones that you qualify for.

Conclusion

Women need to know about the maternity rules in India and the eligibility factor. This will help them immensely to get the benefits that they rightly deserve without compromising on any legal framework. It can also foster a good relationship with their employers.

Disclaimer: The information provided in this blog is for educational and informational purposes only. It may contain outdated data and information regarding the topic featured in the article. It is advised to verify the currency and relevance of the data and information before taking any major steps. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.

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