Maternity Leave Policy in India: Eligibility, Rules & Benefits

Motherhood is considered a divine journey of a woman, where a mother nurtures and brings a life to light. As the prenatal and postnatal periods are both laborious and straining for the mother, the mother may not be available to work during that period. The phase of childbirth is considered fragile and sensitive for the mother, so for any female employee who is conceiving, this period is highly significant. Indian organisations have been giving this period due importance, and offering their female employees longer leaves. Let’s get to understand the meaning of maternity leave, its rules and the eligibility criteria.

What is Maternity Leave?

Maternity leave in simpler words refers to the period of leaves withdrawn by a woman employee before and after the childbirth phase. The reason for organisations to provide motherhood leave is to let their female employees heal from the labour of childbirth and bond with their infants. The Indian workplace has recognised maternity benefit as a statutory benefit, which allows women employees to remain absent during the days of work without being penalized. This leave creates a strong support for women by offering them financial backup during their days of not working.

Maternity Leave Policy in India

The Parliament of India has recognised childbirth leave as a statutory benefit for all women who undergo childbirth. The Maternity Benefit Act, of 1961, allows all mothers to take paid leaves across all businesses and industries. Here is a complete breakdown of the maternity leave policy that an organisation in India has to follow:

• A woman will be on paid leave for six weeks immediately after the day of birth of a child or after the date of miscarriage.
• An employer cannot allow any conceiving woman to stand for longer hours or work in a physically straining condition.
• A child-bearing woman will be receiving average daily wages for the days of her delivery and six weeks following the day of childbirth. The Maternity Benefit Act although passed on the Central level, has been still mandated and adopted by State legislatures. For example, in Karnataka, Maternity Leave is granted to women having less than 2 surviving children. Those women can enjoy paid leave during their childbirth period for a total of 180 days. Over the years, the childbirth leave policy has radically transformed, and more organisations have adopted it and complied readily.

Maternity Leave Eligibility Criteria

There are certain provisions applicable to the Maternity Benefit Act, 1961 according to the official gazette of Parliament of India. These are:

• A conceiving woman who survived with two or more two children can have a paid leave for not more than 26 weeks.
• A woman who has legally adopted a child below the age of three months can have a paid leave for not more than 26 weeks from the date of adoption.
• In case there is a work-from-home facility available according to the contracts with an organisation, the woman can have the work-from facility as per mutual agreement.
• An organisation with more than 50 employees will have a creche facility. The employer also has to allow the woman four visits to the creche in a day.
• The employer has to provide a written record of the terms of maternity leave to the female employee at the time of her joining the organisation. Detailed criteria for maternity leave eligibility is also dependent on the terms agreed between the employer and the woman employee. These detailed eligibility criteria may differ depending upon the employer and the role the female employee is working in. Organisations often frame various guidelines on motherhood leave based on their work structure and the governmental provisions, which may vary across offices.

Maternity Leave Rules in India

The maternity leave policy in India for private companies underwent an amendment in 2017 because of several factors, one of them being organisational facilities being limited in the previous act. The government has taken care of several factors while amending the new maternity leave policy in 2017, where more focus is made on the mother being available to her child. The benefit has been more extensive and has provided mothers more time to spend with their children. Also, the postnatal leave allows a woman to take leave from her work during childbirth, hence any employer cannot remove a conceiving woman employee during the period of leave. Here are some basic maternity leave rules that apply in the case of a maternity leave:

• The employer is bound to provide a written clause mentioning the benefits of maternity leave to all female employees during their joining.
• The employer cannot lay off or eliminate any female employee during their period of childbirth leave. Postnatal leave is a statutory leave benefit conferred by the Indian government, hence an employer has to comply with it under all circumstances.
• An employer cannot employ or offer employment to a female employee after six weeks from the day of her delivery or miscarriage.
• An employer cannot make a woman stand or work in straining conditions before her maternity leave begins.
• The employer has to credit the full salary of the female employee who is on postnatal leave, including all the additional bonuses and benefits. Motherhood leave is a legally approved leave conferred by the Indian government, so it is inclusive of basic salary and all allowances.
• The employee has to provide sufficient restroom facilities and any other suitable amenities to a woman employee in her postnatal period.
• The employer cannot discriminate against the conceiving woman in any form such as employment opportunity or salary allowances.

Maternity Leave Benefits in India

Maternity leave policy is a form of financial assistance to women during their non-availability in the workplace because of their pregnancy condition. Women in their pre and post-pregnancy suffer conditions of emotional distress as well as physical problems, which leaves them less capable of productive working. Maternity benefit policy allows these mothers to take sufficient rest and hence improve their health. Moreover, there have been research studies conducted around the fact that women with better post-natal care have raised more healthy babies. Working females enjoy better rest and stay back from working, their psychological condition has been seen to improve. Also, childbirth leave for women allows the mother to enjoy a more flexible environment with appropriate time spent with her infant. Here are some major benefits of maternity leave in India:

Improving Health Conditions

Women employees get sufficient rest, which improves their physical as well as psychological health. New mothers tend to undergo stretches of depression and anxiety in the postnatal period. Longer days of leave help mothers to relieve their stress and restore their mental health.

Financial Security

Postnatal leave is a paid leave, so it acts as a great financial help for new mothers. Any female employee on a pregnancy leave is still considered an employed member of the organisation with all benefits provided by the company. Some companies even offer maternity insurance and employee wellness plans to cover medical expenses and post-hospitalisation costs.

Read also employee wellness plans that cover both pre and post-hospitalisation expenses.

Complete Worklife Balance

Maternity benefit offers a complete work-life balance, as it is a specific period allotted to every woman for taking care of their infant. Women enjoy a perfect work-life balance amidst this by being able to spend ample time with their newborn, and also take care of their health.

Accelerates Postnatal Recovery

The postnatal period for women is challenging because women often experience physical pain, and hormonal changes accompanied by mood changes. Women who work during this time may be at their lowest of productivity, and also fall sick. A childbirth leave for women allows them to recover faster during this period, without undergoing physical and mental discomfiture.

Better Nourishment for Newborn

A maternity benefit allows mothers to provide better nourishment for their newborn. Infants in their initial days both need constant care and support, which mothers can appropriately provide. A leave of 26 weeks as per the Indian Maternity Benefit Act is sufficient for mothers to emotionally support and strengthen the upbringing of their children.

Recent Amendments and Updates in Maternity Leave Policy

The initial Maternity Benefit Act, of 1961 lacked in several areas such as longer paid leave, and low support from the workplace. However, the Parliament of India took upon the amendment of the maternity leave and sanctioned an updated form of it. This new amendment has brought out a range of changes that strengthen and support women's benefits in their post-delivery stage. Let’s look at the main amendments that were made to the Maternity Benefit Act:

Longer Paid Leave

The new amendment has been essentially beneficial in extending the total number of paid leave days. In the new amendment, a conceiving woman can have a total of 26 weeks in the new Maternity Benefit Act instead of 12 weeks. The additional amount of time allows a mother to emotionally bond with her infant, and also improve overall health. Infants also get a chance to be nurtured and develop emotional connectivity.

Considers Case of Child Adoption

According to the 2017 amendment, a woman who legally adopts a child below the age of 3 months old, can also apply for maternity benefit. Earlier, the maternity benefit was available only to childbearing mothers, which was later changed. The new amendment allows provision for mothers who adopt an infant under 3 months of age too. This extends the benefit to all forms of motherhood and also ensures that cases of child adoption also enjoy similar benefits just as natural birth will.

Extended Paid Maternity Leave Duration

One of the most significant changes the amendment has brought is the lengthening of the paid maternity leave period from 12 weeks to 26 weeks. This expansion recognizes the significance of giving mothers adequate time to heal from giving birth and to form a connection with their newborns. The extra weeks of leave allow mothers time to work on their health and well-being, which is important for both physical recovery and mental well-being. Studies have indicated that longer maternity leave results in improved health outcomes for both mothers and babies, such as increased breastfeeding rates and increased emotional connection.

Work-from-Home Options

Work-from-home is another amendment that the 2017 maternity act has infused. Previously, there was less clarity on remote work, which now has been made a statutory obligation. In the postnatal period, women often feel mentally strained and also physically unstable. The work-from-home facility allows the woman to operate directly from home following their 26-week leave. This enables the woman employee to perfectly sync with her work life and her childcare responsibilities. However, working from home is according to the employer's discretion and is applicable only when such a provision can be allowed by the management.

Creche Facilities

In case the organisation has more than 50 employees, the employer has to arrange for a facility or creche for the newborn. While earlier organisations did not feel a compulsion for this, post 2017 the scenario has changed. For working mothers, this is a transformational decision as many mothers do not have the benefit of any parental protection to look after their infant while they get out for work. On-site creches help female employees to fully focus on their work without suffering from any anxiety. This also maximises children's well-being and is a symbol of family-friendly work culture.

Read about how to apply for paternity leave policy, its eligibility and benefits.

Conclusion

India’s maternity leave policy is a critical step towards promoting gender equality and ensuring the well-being of working mothers. The nation has been slowly progressing towards an inclusive work environment. By creating concrete support for all women employees who are becoming mothers, the nation has been adding value to the work culture in the private and public sectors. The provisions of the Maternity Benefit Act, 1961 had enhanced the support available to women employees during a crucial period in their lives. From adding more days to creche facilities, maternity leave in India has been increasingly helpful for women employees.

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