Know about Maternity Leave Rules in India 2024

Know what are the rules for maternity leaves in India, its benefits, eligibility criteria, and more. Explore the details and rights related to maternity benefits in India.
Get Quote
Maternity Leave in India
Get Quote
3 mins
01-March-2024

Maternity leave is essential for working women in India to support their physical and emotional needs during pregnancy and post-delivery. Labour laws in India provide various benefits and rules for maternity and parental leave. Let us delve deeper into the rules, eligibility criteria, and benefits of maternity leave in India.

What is maternity leave?

Maternity leave is a period of authorised absence from work granted to expectant or new mothers to give birth, recover from childbirth, and care for their newborn. It is designed to provide mothers with time off to bond with their child and ensure their well-being without the risk of losing their job.

Maternity leave Policy in India: Check Rules, Eligibility & Benefits

Know the rules of maternity and the eligibility criteria for mothers. Check Maternity Health Insurance

  • Duration: Maternity leave in India is typically granted for 26 weeks, which can be availed before and after childbirth. This benefit extends to adoptive and surrogate mothers as well, with a 12-week leave period.

  • Eligibility: All women employees, irrespective of their employment status – permanent, contractual, or temporary – are entitled to maternity leave, provided they have worked for at least 80 days in the 12 months preceding the expected date of delivery.

  • Notice period: Employees are required to give notice to their employer about their pregnancy and the expected date of delivery. This notice should be given in writing and can be provided either six weeks or two weeks before taking maternity leave.

  • Full payment during maternity leave: The 'Right to Payment' clause ensures that women on maternity leave receive their full salary. This includes the basic salary and any allowances they were receiving before taking maternity leave.

  • Paternity leave: While maternity leave rules are exclusively for mothers, some progressive organisations also provide paternity leave, allowing fathers to take time off to support their partners during the pregnancy and postpartum period.

What is the ‘right to payment’ clause under maternity leave in India?

The 'right to payment' is a crucial aspect of maternity leave rules in India. It ensures that women on maternity leave receive their full salary during the specified period. This includes the basic salary and any allowances they were entitled to before going on maternity leave. The objective is to provide financial stability to women during a time when additional expenses may arise due to medical needs and preparations for the newborn.

Also read: Health Insurance Policy.

Overview of the Maternity Benefit Act, 1961

Here’s how Maternity Benefit Act,1961 affects maternity leave in India.

  • Applicability: The Maternity Benefit Act 1961 applies to every establishment employing ten or more people, including factories, mines, and plantation businesses.
  • Leave extension: In case of illness arising out of pregnancy, delivery, premature birth, or miscarriage, a woman can extend her maternity leave beyond the prescribed period.
  • No termination during the leave: The Act prohibits the termination of a woman during her maternity leave, ensuring job security during this critical period.
  • Medical bonus: Some establishments provide a medical bonus to women employees, as stipulated by the Act, to cover medical expenses related to maternity.

Know the importance of maternity leave in India

Here is why the provision of maternity leave is significant and required.

  • Health and well-being: Maternity leave policy allows women to focus on their health and well-being during pregnancy, ensuring a smooth and stress-free experience.
  • Bonding time: The leave period facilitates essential bonding time between the mother and the newborn, fostering a nurturing environment crucial for the child's development.
  • Job security: The maternity benefit act ensures job security for women, preventing any termination during the maternity leave period.
  • Work-life balance: Maternity leave contributes to achieving a healthier work-life balance for women, aiding their transition back into the workforce post-childbirth.

Also check : Waiting Period in Maternity Insurance.

Benefits of maternity leave in India

Know the benefits of maternity leave.

  • Physical recovery: Maternity leave allows women the necessary time for physical recovery after childbirth, reducing the risk of postpartum health issues.
  • Breastfeeding support: The leave period supports breastfeeding, promoting the health of the newborn and creating a positive foundation for their future well-being.
  • Emotional well-being: Adequate maternity leave contributes to the emotional well-being of both the mother and the child, fostering a positive and secure environment.
  • Professional transition: Maternity leave eases the transition back into the workplace, allowing women to balance their professional and personal responsibilities effectively.
  • Job security: The Maternity Benefit Act also ensures that new mothers have job security and cannot be terminated or dismissed during their leave period.
  • Increased productivity: Maternity leave encourages employees to return to work with renewed energy and enthusiasm, leading to increased productivity and job satisfaction.

In summary, maternity leave is not just a legal entitlement but is also beneficial for the health, well-being, and productivity of new mothers. It is crucial for employers to recognise the importance of this benefit and provide women with the necessary time and support during this crucial phase of their lives.

 

What is the function of HR in executing maternity leave policy

  • Clear communication: HR policies should clearly communicate the rules, eligibility criteria, and benefits associated with maternity leave to ensure transparency.
  • Supportive environment: Foster a supportive workplace environment that acknowledges the unique needs of pregnant employees and those on maternity leave.
  • Flexibility: Consider offering flexible work arrangements, such as remote work or part-time schedules, to support the smooth reintegration of women into the workforce.
  • Paternity leave: Progressive HR policies may include provisions for paternity leave, recognising the importance of shared responsibilities in parenting.

Maternity leave rules are a fundamental benefit for working women in India. It is important to understand the rules and eligibility criteria to ensure that female employees can access this right as and when required. Employers must also ensure that they adhere to all applicable laws and regulations related to maternity and parental leave.

What are the maternity leave challenges for employers?

Maternity leave, also known as pregnancy leave or parental leave, is a crucial benefit for working women in India. However, employers may face several challenges when it comes to managing maternity leave for their employees. Here are some of the challenges related to maternity leave that employers may face:

Staffing: When an employee goes on maternity leave, employers may face difficulties managing their workload and finding suitable replacements to cover their work.

Legal requirements: Employers need to ensure that they comply with the legal requirements related to maternity leave under the Maternity Benefit Act, such as notifying the employee about their entitlement and providing maternity leave benefits.


Cost management: Maternity leave is a paid benefit, and employers need to manage the costs of paying for the employee on leave while also maintaining the workload.

Time management: Employers need to plan ahead and adjust their schedules to ensure that the workload is managed effectively in the absence of the employee on maternity leave.

Employee retention: Employers may face the challenge of retaining employees on maternity leave, as employees may decide not to return to work after the leave period.

Employers need to have a clear policy in place that addresses the various challenges related to maternity leave. Employers should also provide reasonable accommodations and support to their employees during their pregnancy and maternity periods. This can help to streamline the process and minimise the potential impact of the employee's absence on the business.

Frequently asked questions

What is the duration of maternity leave in India?

In India, maternity leave typically spans 26 weeks. This duration is thoughtfully designed to provide comprehensive support to working mothers, allowing them to address both pre-and post-natal care needs.

Is the maternity leave a fully paid leave in India?

Yes, maternity leave in India is a fully paid leave. The 'right to payment' clause ensures that women on maternity leave receive their full salary, including the basic salary and any allowances they were entitled to before taking maternity leave.

Can maternity leave be extended to nine months?

While the standard duration is 26 weeks, the maternity benefit Act allows for an extension in case of illness arising from pregnancy, delivery, premature birth, or miscarriage. This extension ensures that women receive the necessary support during health-related challenges.

Is the maternity leave for six or nine months?

The standard duration for maternity leave is 26 weeks, equivalent to approximately six months. However, women facing health challenges related to pregnancy can extend their leave beyond this period, ensuring that their well-being remains a priority.

What are the new maternity leave rules in India?

The new maternity leave rules in India, which came into effect in 2017, increased the duration of maternity leave from 12 to 26 weeks for female employees in the organized sector. These new rules also allow a woman to take six weeks of leave before her delivery date.

What is the status of maternity leave in India?

Maternity leave is a legal entitlement in India under the Maternity Benefit Act 1961. Female employees are eligible for up to 26 weeks of maternity leave, including six weeks of leave before the delivery date. This leave is a paid benefit and covers the period for the employee's recovery post-delivery, as well as for bonding with the baby and other related needs. The law applies to all establishments with ten or more employees and includes those in the organised as well as the unorganised sectors.

Show More Show Less

Related videos

Disclaimer

*T&C Apply - Bajaj Finance Limited (‘BFL’) is a registered corporate agent of third party insurance products of Bajaj Allianz Life Insurance Company Limited, HDFC Life Insurance Company Limited, Future Generali Life Insurance Company Limited, Bajaj Allianz General Insurance Company Limited, SBI General Insurance Company Limited, ACKO General Insurance Limited, ICICI Lombard General Insurance Company Limited, HDFC ERGO General Insurance Company Limited, Tata AIG General Insurance Company Limited, The New India Assurance Company Limited, Cholamandalam MS General Insurance Company Limited, Niva Bupa Health Insurance Company Limited , Aditya Birla Health Insurance Company Limited, Manipal Cigna Health Insurance Company Limited and Care Health Insurance Company Limited under the IRDAI composite CA registration number CA0101. Please note that, BFL does not underwrite the risk or act as an insurer. Your purchase of an insurance product is purely on a voluntary basis after your exercise of an independent due diligence on the suitability, viability of any insurance product. Any decision to purchase insurance product is solely at your own risk and responsibility and BFL shall not be liable for any loss or damage that any person may suffer, whether directly or indirectly. Please refer insurer's website for Policy Wordings. For more details on risk factors, terms and conditions and exclusions please read the product sales brochure carefully before concluding a sale. Tax benefits applicable if any, will be as per the prevailing tax laws. Tax laws are subject to change. Tax laws are subject to change. BFL does NOT provide Tax/Investment advisory services. Please consult your advisors before proceeding to purchase an insurance product. Visitors are hereby informed that their information submitted on the website may also be shared with insurers. BFL is also a distributor of other third party products from Assistance Services providers such as CPP Assistance Services Pvt. Ltd., Bajaj Finserv Health Ltd. etc. All product information such as premium, benefits, exclusions, sum insured, value added services, etc. are authentic and solely based on the information received from the respective insurance company or the respective Assistance service provider company.

Note – While we have made all efforts and taken utmost care in gathering precise information about the products, features, benefits, etc. However, BFL cannot be held liable for any direct or indirect damage/loss. We request our customers to conduct their research about these products and refer to the respective product’s sales brochures before concluding their sale.