Showing posts with label Leave Policy in India. Show all posts
Showing posts with label Leave Policy in India. Show all posts

Tuesday, October 10, 2023

Maternity Leave Policy in India

How long is paid maternity leave in India?

The Indian Maternity Benefit Act of 1961 outlines provisions for new mothers, ensuring their rights to paid leave for childbirth and maternity-related matters. According to this legislation, mothers are entitled to six months or 26 weeks of fully paid leave for their initial two children. Subsequent children warrant three months or 12 weeks of fully compensated leave, courtesy of the employer. The Act also safeguards pregnant employees and those who have recently given birth from discriminatory practices or unwarranted job termination.

Notably, the Act extends its protective umbrella to encompass commissioning and surrogate mothers. These individuals are eligible to receive their full maternity leave salary for an extensive duration of up to 180 days or 26 weeks. Additionally, the Act accommodates adoptive mothers, granting them a 12-week leave period that commences from the day of adopting a child aged under three months.


Is maternity leave fully paid in India?

In India, the Indian Maternity Benefit Act of 1961 mandates that female employees must receive their complete salary while on maternity leave. This legislation staunchly forbids any type of bias or employment decisions rooted in an employee's pregnancy or childbirth condition. Furthermore, employers have the flexibility to offer supplementary maternity benefits or extended leave periods based on the terms of the employment agreement or relevant statutory provisions.

The Act specifies that the employer is obligated to remunerate the female employee for a time span that commences on the day of childbirth and continues for a duration of six weeks, encompassing the very day of delivery. However, a crucial criterion for eligibility is that the employee must have rendered services for the employer for a minimum of 80 days within the twelve months preceding the delivery date in order to avail of these entitlements.


Can I take maternity leave at 6 months pregnant?

In India, the commencement of maternity leave for female employees is not tied to a specific date. Instead, the Maternity Benefit Act stipulates that a woman employee becomes eligible for maternity leave if she has completed eighty days of service within the organization during the preceding twelve months.

In 2015, a pivotal development occurred through the Sixth Central Pay Commission's proposal to extend the maternity leave period to six months for Central Government employees. This progressive suggestion was put into effect, aligning with directives issued by both the World Health Organisation and the Indian Ministry of Health and Family Welfare.


Please be aware that there may have been updates or changes to these policies since my last knowledge update. It's recommended to refer to the latest official sources or consult with legal experts for the most accurate and up-to-date information on maternity leave policies in India.

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