A Guide to Maternity Leave in India: Motherhood and the Workplace
Navigating the journey of motherhood while balancing a career can be a challenging endeavour. Maternity leave is a crucial system for working women, ensuring they receive the necessary time and resources for themselves and their newborns without compromising their professional lives. In this blog, we will simplify the intricacies of pregnancy leave, from eligibility criteria and legal maternity leave rules to the benefits it offers. This comprehensive guide to maternity and parental leaves aims to highlight the importance of maternity leave in India in fostering a healthy work-life balance and empowering women in the workforce.
What is Maternity Leave?
Maternity or Pregnancy leave facilitates more than just employee benefits; it is a tool for social betterment, empowering the female workforce of the country and efforts to contribute to a more equitable society. Maternity leave is a type of paid leave provided to pregnant women that they can utilise before and after the child's birth. All organisations and employers must give maternity leave days to women who are expecting. Maternity and parental leave are essential to ensure the overall well-being of the child and the mother while protecting women’s economic rights.
What is the Maternity Benefit Act 1961
The Maternity Benefit Act 1961 is the primary law governing pregnancy leave in India. This policy aims to help pregnant women balance their work and family responsibilities while promoting gender equality in workplaces.
The Maternity Benefit Act of 1961 has undergone multiple revisions to ensure the protection and well-being of women employees. The key provisions of the act after the amendments in 2017 are as follows:
● Applicability
The Maternity Benefit Act 1961 applies to every organisation with 10 or more employees covering the public or private sector. It applies to women employed in private companies, government jobs, mines, plantations, factories and organisations.
● Maternity Leave
Amended in 2017, this act entitles expecting women to 26 weeks of paid maternity leave. This can be availed for up to two children. The pregnancy leave for the third child would be 12 weeks. An adoptive mother, with a child below the age of 3 months is eligible for 12 weeks of maternity or parental leave. Surrogate mothers are also eligible for 12 weeks of paid maternity leave.
● Exceptional Circumstances
In the case of Tubectomy (permanent method of contraception), a woman is eligible for two weeks of leave. For any complications during pregnancy, delivery, premature birth, etc., the woman can get an additional month of leave.
● Payment During Leave
As per the Maternity Benefit Act 1961, the woman is entitled to receive her entire salary or daily wage.
● No Termination
An employer cannot terminate a woman’s employment during her pregnancy leave period.
● Protection Against Discrimination
The act forbids employers from discriminating against pregnant women in any form, including in matters of promotions, salary increases or other benefits.
● Creche Facility
Organisations with 50 or more employees are required to offer a childcare facility within a specified distance for their female staff. Female employees are permitted to visit the creche up to four times a day.
● Additional Benefits
The Act encompasses provisions for a work-from-home option, a maternity bonus under the National Food Security Act of 2013 and healthcare incentives.
● Work From Home Option
After the 26 weeks of paid pregnancy leave, women are given the option to work from home. However, this is subject to discussion and agreement with the employer.
Employers who violate the provisions of the Act and fail to offer maternity benefits to mothers can face imprisonment as a penalty.
Eligibility of maternity leaves in India
According to the Maternity Benefits Act 1961, a woman is eligible for maternity benefits only if she has worked for the employer for at least 80 days during the 12 months preceding the expected delivery date.
Maternity leaves rules
The maternity leave rules in India are as follows:
The woman must be paid her full salary during her maternity and parental leave period. The salary rate is calculated according to the actual salary 3 months before the b request.
The employers must not employ a woman during the 6 weeks immediately post her delivery or miscarriage.
The employer must provide childcare provisions and give the woman her previous position in the company when she is back from her maternity leave days.
Pregnant women are entitled to the following amenities at their workplace:
A clean and hygienic washroom
Comfortable seating arrangements
Clean and safe drinking water
Employers must refrain from delegating difficult tasks to pregnant women or long working hours 10 weeks before the expected delivery date.
Upon mutual agreement, employers can grant additional leave to the mother if they are unable to return to work immediately after their maternity leave.
Employers can also grant remote working options to the mothers through a mutual agreement.
Benefits of maternity leaves
Maternity leave allows women to focus on their health, recover from childbirth and give the newborn the necessary care and attention.
It gives the mother time to bond with her child, especially important for breastfeeding and nurturing during the early stages of a child's life.
It helps women maintain a balance with their professional lives, ensuring a smooth transition back to work.
Since the Maternity Benefit Act 1961, requires women to be paid in full salary, it provides them with financial stability and security.
Maternity and parental leave enables women to take time off for childbirth while retaining their employment, allowing them to sustain their career growth.
Importance of maternity leaves
In India, where women's workforce participation is low, maternity leaves are crucial for empowering women and benefiting society. These policies help reduce gender inequality by enabling women to balance careers and motherhood which safeguards their job security and income. Such progressive policies challenge traditional gender roles, improve maternal and child health and promote inclusive workplaces with provisions like creche facilities. These laws lead to long-term economic benefits by retaining experienced female employees and boosting workforce morale and productivity.
FAQs
The pregnancy leave for the first and second child is 26 weeks or 6 months. The maternity leave period is 12 weeks for the third and subsequent children. Employees can get a 12-week maternity or parental leave upon adoption of a child 3 months or younger. In case of miscarriage or medical termination of a pregnancy, the woman can take leave for up to 6 months.