Welcoming a new baby is one of life’s most beautiful experiences. But for working women in India, it often comes with concerns about job security, income and workplace policies. Thankfully, there are maternity leave rules in place that protect your rights and support your health and well-being during this important time.

Whether you're already pregnant, planning a family or just curious, this blog will break down the maternity rules in India and how insurance can play a crucial role in reducing your financial stress.

What is maternity leave?

Before we get into the details, let’s start with the basics.

Maternity leave is a period of approved absence from work given to a woman before and after the birth of her child. In India, this is a legal entitlement under the Maternity Benefit Act. of 1961.

Here’s what maternity leave is meant for:

• Allowing mothers to rest and recover before and after delivery
• Supporting the physical and mental well-being of mothers
• Supporting new parents as they navigate life with a newborn

These leave benefits also apply in cases of adoption and surrogacy, though the leave duration may differ.

List of maternity leave rules in India

The government has laid down specific maternity leave rules under the Maternity Benefit (Amendment) Act, 2017. These aim to improve health, encourage women’s participation in the workforce and ensure job security.

Here are the key rules:

• Eligibility: A woman must have been employed for a minimum of 80 days in the 12 months before her expected delivery date.
• Duration of leave: Eligible women can take up to 26 weeks of paid leave for the first two children.
• Leave for third child onwards: If a woman already has two children, she is eligible for 12 weeks of paid maternity leave.
• Adoptive and commissioning mothers: Women adopting a child below the age of three months, or commissioning mothers (via surrogacy), are entitled to 12 weeks of leave from the date the child is handed over.
• Prenatal leave: Out of the total leave, up to 8 weeks can be taken before the expected date of delivery.
• Work-from-home option: Depending on the job profile and mutual agreement, women may be allowed to work from home after maternity leave ends.
• Crèche facility: Establishments with around 50 employees should provide crèche facilities within a prescribed distance.
• No termination: Employers cannot dismiss a woman on maternity leave, nor can they issue adverse notices.

Challenges faced during maternity leave

Even though the rules are clear, many women face difficulties in the workplace.

Here are some common challenges:

• Lack of awareness: Most employees are unaware of their pregnancy leave rules and benefits.
• Workplace pressure: In some organisations, women face pressure to return early or are sidelined post-return.
• Job insecurity: Despite legal protections, some women face subtle discrimination or are overlooked for promotions.
• Limited support facilities: Not all companies provide crèches, flexible hours or work-from-home options.
• Financial concerns: While maternity leave is paid, unexpected medical expenses or loss of a second income can strain finances.

These challenges underline the need for better implementation and awareness of maternity leave policy provisions.

Role of insurance in maternity leave challenges

While maternity leave ensures job security and income for a few weeks, it doesn’t cover medical expenses or other costs associated with childbirth. That’s where insurance comes in.

Let’s break it down:

• Maternity health insurance: Some health insurance plans cover delivery costs, hospital stays and postnatal care. However, these may come with waiting periods, so it's best to plan in advance.
• Group Health Insurance: Many employers offer Group Health Insurance that includes maternity cover. This type of insurance generally has lower premiums and broader coverage.
• Newborn cover: Some policies extend coverage to the newborn for a certain period from birth, reducing out-of-pocket expenses.
• Cashless facility: Many insurance plans allow you to avail treatment at network hospitals without paying upfront.

Having the right insurance in place helps reduce stress and provides financial security during and after your pregnancy.

Conclusion

Pregnancy is a joyful and life-changing journey. India’s maternity leave new rules under the Maternity Benefit Act aim to protect women’s rights and promote workplace equality. However, awareness and proper implementation are key.

Understanding your rights, staying informed about your company’s maternity leave policy, and planning your insurance coverage are essential steps to ensure a smooth maternity experience. So whether you're planning for a baby or already expecting, knowing the maternity leave rules in India empowers you to make informed choices for your family and career.

Disclaimer: The information provided in this blog is for educational and informational purposes only. It is advised to verify the currency and relevance of the data and information before taking any major steps. Please read the sales brochure / policy wordings carefully for detailed information about on risk factors, terms, conditions and exclusions. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.