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Eligibility for Maternity Leave Policy in India

Let’s learn more about the eligibility criteria, why it is essential for women, the rules of the Leave Policy.

  • 08 May 2023
  • 2 min read
  • Women who meet certain conditions are eligible for maternity benefits, including leave and payment during this period. These conditions are:
  • being pregnant for the first time
  • already have one or two children
  • taking in a child who is under three months old
  • having a child through a surrogate
  • or recovering from a miscarriage, abortion, or tubectomy operation

Nevertheless, in order to qualify for perks, it is necessary to have been employed by a company for at least 80 days within the preceding 12 months prior to your childbirth.

  • Men or people who identify with other genders do not have the option to seek benefits. However, some public sector employees receive paternity leave benefits.
  • The ACT applies to various establishments, such as
  • factories
  • mines
  • government establishments
  • shops or establishments with at least 10 employees
  • any other establishment or class of establishments that the State may notify
  • It does not differentiate between permanent, temporary, or contractual employees; denying worker benefits is against the law.
  • Women engaged on a casual basis are entitled to maternity leave benefits. However, a female employee cannot avail of any maternity benefits after the expiration of the contractual period.

Employers who fail to pay maternity benefits or dismiss an employee during their maternity leave may be imprisoned and asked to pay a fine.

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