Maternity Leave in India: A Complete Guide

The experience of motherhood is treasured by women. Cultivating a life within them can be an entirely unique journey. Once the child is born, it needs constant nurturing and attention. For expectant working women nearing their due dates, this can become a challenging endeavor. Balancing job responsibilities with the upcoming birth can create stress, particularly when having to return to work after giving birth. However, maternity leave allows working women to dedicate themselves to caring for their child without the fear of job loss. Here is additional information regarding the maternity leave regulations in India.

What is the Maternity Leave Policy in India?

In 1961, the Indian government introduced the Maternity Benefit Act. This act allowed any expectant woman to take up to 12 weeks of paid maternity leave following the birth of her child. At that time, employment among women was much lower. Nonetheless, as times evolved, an increasing number of women began joining the workforce, boosting the female labor force in India.

To better align with this trend, the Maternity Benefit Act was modified in 2017 to cater to the needs of contemporary society. The duration of paid maternity leave was increased to 26 weeks, among other changes.

Changes Made to the Maternity Leave Rules in India

The following modifications were enacted in 2017 to the maternity leave regulations in India:

• Increase in the amount of paid leave post-delivery from 12 to 26 weeks.
• Introduction of work-from-home options once the 26-week paid leave is completed. This depends on the employer and the nature of the employee’s work.
• Organizations with more than 50 employees must provide a crèche facility on the office premises. Women bringing their children to work should be allowed to access the facility at least four times daily.
• Employers must inform their employees about maternity benefits to enhance awareness regarding these rights.

Eligibility for Maternity Leave in India

In addition to expectant women, the following individuals qualify for maternity leave in India:

• Women who plan to adopt a child are entitled to 12 weeks of paid maternity leave. This applies if the child is under 3 months old when adopted.
• If a woman has arranged for another woman to bear a child on her behalf, she qualifies for 26 weeks of paid maternity leave.
• If a woman chooses to be a surrogate mother for someone, she is eligible for 12 weeks of paid maternity leave.
• If a woman undergoes a tubectomy, she qualifies for two weeks of paid leave from the date of her procedure.
• Women experiencing complications after pregnancy can take one additional month of leave on top of their 26-week entitlement.
• Women working in government offices are eligible for 26 weeks of paid leave.

Maternity Leave Duration in India

Maternity Leave Challenges Encountered by Employers

Maternity leave is vital for employee wellness, but it brings challenges for companies. Employers need to balance legal responsibilities, workforce management, and financial implications while maintaining efficient operations.

• Workforce Disruptions – The temporary absence of essential employees impacts workflow and productivity.
• Increased Costs – Employers incur the expense of paid leave and temporary staff replacements.
• Hiring and Training – Finding and training substitutes can take substantial time.
• Workload Distribution – Current employees may have to shoulder extra work, which can affect morale.
• Legal Compliance – Making sure to follow maternity leave regulations and policies.
• Retention Issues – Chance of employees not returning after maternity leave.
• Scheduling Challenges – Effectively managing shifts and project timelines.
• Bias and Discrimination Risks – Ensuring equitable treatment and preventing claims of workplace discrimination.

Things to Keep in Mind While Maternity Leave

These are the factors you should consider based on the maternity leave laws in India (2022):

• To be eligible for maternity leaves, you need to have worked for at least 80 days within the 12 months preceding your due date. If you have completed the necessary working period, you are eligible for the leaves.
• If you wish to take leave for multiple weeks before your delivery, you are allowed to do that. Those weeks will be deducted from your 26 weeks of paid maternity leave, and you can take a maximum of 8 weeks of leave.
• If you currently have 2 children and are anticipating a third, you have the right to take up to 12 weeks of paid leave.
• In the case of a miscarriage, you can avail yourself of up to 6 weeks of paid leave from the day it occurs.
• In addition to the paid leaves, you are also entitled to an incentive of Rs. 3500.
• According to the National Food Security Act of 2013, pregnant and breastfeeding women are entitled to receive a maternity bonus of Rs. 6000.
• Women working in the private sector should verify the leave policies with their employers, as these may vary by organization.
• If an employer terminates a woman’s employment during her maternity leave, even if it is on the first day, they will be held accountable under the law. They could incur a fine of Rs. 5000 or face imprisonment for a year, or both.

Can Health Insurance Help You with Pregnancy?

Among the many benefits of health insurance you can access, maternity coverage is one of them. This coverage provides financial assistance for pre-pregnancy tests and consultations, hospital expenses during delivery, delivery fees, c-section delivery, and post-natal care, among other costs. If you face complications after pregnancy, such as post-partum issues, those would also be covered.

Conclusion

This outlines the maternity regulations in India. If you are an expecting mother, it would be advantageous for you to look into health insurance with maternity coverage for the health of both you and your baby.

FAQs

Is maternity leave increased to 9 months in India?
No, the duration of maternity leave continues to be 26 weeks (6.5 months) as per the Maternity Benefit Act 2017.

Is maternity leave paid or unpaid?
It is compensated leave with full salary entitlement.

How many days of maternity leave are there in India?
26 weeks (182 days) for the first two children, 12 weeks (84 days) for each subsequent child.

How to apply for maternity leave in India?
Inform your employer in writing, submit medical documentation, and follow company procedures.