Know about Maternity Leave Rules in India 2024

The Maternity Benefit Act of 1961 in India grants up to 26 weeks of paid leave, 6 weeks for miscarriage, and 12 weeks for adoption. Eligibility requires 80 days of work. Employers must ensure compliance and support maternity rights.
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Maternity Leave in India
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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 in India is a legally mandated, long-term paid leave designed to support pregnant employees. Employers are obligated to provide this leave to eligible female employees, both before and after childbirth. The standard duration of maternity leave is 26 weeks for the first two children, with up to 8 weeks permissible before the delivery. For a third or subsequent child, the leave entitlement is 12 weeks. Adopting mothers are also eligible for 12 weeks of leave, beginning from the day the child is handed over. In the event of a miscarriage or medical termination of pregnancy, a female employee can avail 6 weeks of leave, provided they have medical proof. Additionally, employers have the discretion to grant further paid leave based on the health and specific needs of the mother and baby. It's crucial to note that denying maternity benefits is a serious legal offense, and employers who fail to comply can face severe penalties, including imprisonment.

Here's a breakdown in pointers:

  • Legal Mandate: Paid maternity leave is a legal right for pregnant employees in India.
  • Duration (First Two Children): 26 weeks, with up to 8 weeks pre-delivery.
  • Duration (Third/Subsequent Child): 12 weeks.
  • Adoption Leave: 12 weeks, starting upon child's handover.
  • Miscarriage/Medical Termination: 6 weeks, with medical proof required.
  • Additional Leave: Possible, based on medical needs.
  • Legal Consequences: Denial of benefits can lead to imprisonment for employers.

What are 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.

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.

What is the eligibility for maternity leave in India?

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

The Indian Maternity Benefit Act ensures that maternity leave is a right for a wide range of working women.
  • Broad applicability:
    • The policy covers women employed in both private and public sector organizations.
    • This includes companies, government offices, factories, and plantations, provided they have 10 or more employees.
  • Exclusions:
    • Self-employed women are not covered under this Act.
    • Women working in establishments with fewer than 10 employees are also excluded.
  • Eligibility criteria:
    • To be eligible for maternity leave, a woman must have worked for a minimum of 160 days within the 12 months preceding her expected delivery date.

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

A cornerstone of India's Maternity Benefit Act is the "Right to Pay," ensuring financial stability for women during their maternity leave. This provision aims to alleviate financial burdens, allowing mothers to focus on their well-being and childcare without undue stress.

Key elements of the right to pay:

  • Guaranteed compensation:
    • Eligible women are legally entitled to receive financial compensation throughout their maternity leave.
    • This compensation is provided by the employer or relevant government agency.
    • It serves to replace a portion of the employee's regular income.
  • Wage-based payment:
    • The compensation is calculated based on the employee's average daily wage prior to the leave.
    • The payment typically represents a percentage of these average daily earnings.
  • Legal enforcement:
    • The "Right to Pay" is firmly rooted in Indian labor laws and regulations.
    • Employers are legally obligated to provide this financial benefit to eligible employees.
    • This is a mandatory part of the maternity leave policy.

Impact of the Maternity Benefit Act, 2017 on Working Women

Recognizing the evolving needs of working mothers, India significantly updated its maternity leave policy with the 2017 amendment to the Maternity Benefit Act. This revision expanded the scope and benefits, moving beyond the original act to provide more comprehensive support.   

Key Changes Introduced by the 2017 Amendment:

Increased leave duration:

The standard maternity leave was more than doubled, from 12 weeks to 26 weeks.   

This allows pregnant employees to take up to 8 weeks before the expected delivery and up to 18 weeks post-delivery.

Inclusion of adoptive and commissioning mothers:

The amendment extended maternity leave benefits to adoptive mothers, granting 12 weeks of leave when adopting a child under three months old.   

Commissioning mothers, who use their own eggs to create an embryo implanted in another woman, are also entitled to 12 weeks of leave.   

This leave period begins when the child is handed over.   

Mandatory crèche facilities:

Organizations with 50 or more employees are now required to provide crèche facilities near the workplace.

New mothers are entitled to four daily visits to the crèche.   

Work-from-home provision:

The amendment introduced the option for employees to work from home, where feasible, during pregnancy.   

This flexibility can continue beyond maternity leave, based on a mutual agreement between the employer and employee.

What are the 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.

Some Other Maternity Leave Rules in India

  • Employers are mandated to pay full wages to the employee on maternity leave. The rate at which salary is disbursed is calculated based on her actual daily wages during the three months before her leave duration.
  • Employers must not employ a woman up to 6 weeks after her delivery, miscarriage or medical termination of pregnancy. In simple words, at least a 6-week rest period should be provided.
  • Employers must have easily accessible childcare facilities (crèches) to help a woman restore her position in the organisation after returning from a maternity leave.
  • Pregnant employees should be taken extra care of. They should be provided with necessary amenities like clean restrooms, comfortable seating spaces, clean drinking water, etc.
  • Employers should not assign difficult tasks to pregnant employees or engage them in longer working hours at least 10 weeks before their expected delivery date. It is extremely important to ensure the safety and well-being of mother and child.
  • Additional leaves can be provided to an employee if she is unable to work after maternity leave. It must be done on a mutual agreement.
  • The employer can not dismiss or fire the employee who is on maternity leave. Doing so is a punishable offence.
  • A legal notice or maternity leave application must be given to the employer by the pregnant employee before going on maternity leave. The same applies to rejoining the company after delivery.

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.

Conclusion

Maternity leave in India provides job security and financial support for women during pregnancy. Having health insurance helps cover medical expenses, ensuring better maternity care. Employers must comply with legal provisions under the Maternity Benefit Act to support employees during pregnancy and postnatal recovery.

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What are the maternity leave duration in India

Here are the maternity leave entitlements in India (Weeks)

Circumstance

Duration

Pre-Delivery Leave

8

Post-Delivery Leave

18

Total Leave (First Two Children)

26

Total Leave (Third or Subsequent Child)

12

Miscarriage or Medical Termination

12

Adoption or Commissioning Motherhood

12

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.

What are the rules for maternity leave?

Maternity leave in India is governed by the Maternity Benefit Act, which was significantly amended in 2017. Here are the key rules:   

  • Eligibility: Women employed in establishments with 10 or more employees are eligible. This includes both private and public sector organizations. A woman must have worked for at least 160 days in the 12 months preceding her expected delivery date.
  • Duration:
    • 26 weeks (6 months) for the first two children.
    • 12 weeks (3 months) for the third and subsequent children.
    • 12 weeks (3 months) for adopting and commissioning mothers.
  • Leave Distribution: Up to 8 weeks can be availed before the expected delivery date.
  • Payment: Women are entitled to their average daily wage during the entire leave period.
  • Other benefits: Access to crèche facilities, work-from-home options where feasible.   

Is maternity leave 6 or 9 months?

The standard maternity leave duration in India is 6 months (26 weeks) for the first two children.

What are the new rules for maternity leave in 2024?

Based upon the information that is currently available, there have been recent updates regarding goverment sector employment, especially dealing with surrogacy.

  • There have been changes made in the Central Civil Services (Leave) Rules, 1972. Specifically dealing with government employees who are using surrogacy. Those rules allow for 180 days of maternity leave in cases of children born through surrogacy. Also commissioning fathers, in the government sector, may be granted paternity leave.
  • It is very important to keep in mind, that labour laws are subject to change. So it is always best to check with the most current governmental resources available.

Therefore, for the private sector the rules from 2017 are still mainly in place.

Is maternity leave 180 days or 182 days?

26 weeks of maternity leave equates to 182 days. However, when referencing the goverment sector, with regards to surrogacy, the phrase 180 days is being used. So the answer really depends on the sector of employment.

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