Maternity leave is a long-duration paid leave that a pregnant woman in an organisation can avail of. It is a mandatory leave that an employer is bound to give to their female employees, ensuring job security. Maternity leave policy is covered under the Maternity benefit Act, 1961 (revised in 2017). Mentioned are the points to be considered about the Maternity Leave Policy in India:
- All pregnant females are entitled to maternity leave of 26 weeks for the first 2 children. Out of which, up to 8 weeks of leave can be taken before the delivery of the child.
- In case of 3rd or subsequent child, pregnant women are eligible to get 12 weeks of leave.
- In case of the adoption of a child, pregnant women can avail of a 12-week leave starting from the day the baby is handed over.
- A maternity leave of 12 weeks can be availed in case of medical termination or accidental miscarriage (medical proof required).
- Some additional paid leaves can also be availed depending on the health of the mother and newborn.
- In case of denial of maternity leave, a serious consequence will be applied legally, which includes imprisonment.
Revised Maternity Benefit Act, 2017
- Extended Duration:
The amendment in the act has increased the duration of leaves to 26 weeks or 6 months. They can take leaves 8 months before the expected delivery date and 18 weeks after giving birth.
- Adoption and Commissioning Mothers:
In case of adoption of a child below 3 months of age, the act facilitates a 12-week maternity leave. The same number of leaves can be availed by the commissioning mother, who utilises her eggs to produce an embryo placed in the uterus of another mother.
- Creche Facilities:
The crèche facility should be available near an organisation with 50 or more employees, and women should be allowed to visit the crèche up to 4 times a day.
- WFH Facility:
If a remote work facility can be provided, then the employer shall allow women to work from the comfort of their homes during pregnancy. Also, it can be extended for a month post maternity leave, subject to mutual consent between the employer and employee.
Maternity Leaves Duration in India
| Type of Maternity Leave | Duration (in weeks) |
| Pre-natal Leave | 8 weeks |
| Post-natal Leave | 18 weeks |
| Total Maternity Leave (for up to 2 childbirths) | 26 weeks |
| Total Maternity Leaves (for the third or subsequent childbirth) | 12 weeks |
| Leave for Miscarriage/Medical Termination | 12 weeks |
| Leave for Adopting/Commissioning Mothers | 12 weeks |
Conclusion
The maternity benefits in India are covered under the Maternity Benefit Act, which not only supports but also provides job security during pregnancy, miscarriage, or postpartum recovery. Along with the above, women also can be rest assured about financial security as they get financial compensation during this period. This provision enhances the trust and respect of employees in the eyes of employers while also improving the employee retention rate.