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Maternity Leave in India: Rules, Eligibility & Benefits

AJ 18.10.2024 5 mins

From supporting the maternal duties to establishing the sacred emotional bond with the child, maternity leave in workplaces is necessary for every soon-to-be mother. The Maternity Benefit Act 1961 also reflects this.

 

These paid leaves, along with a decent health insurance cover, can become the ultimate relief in your motherhood journey. Let us unwrap the maternity policy’s rules, eligibility, and benefits and how maternity insurance is deeply connected to your sacred journey!

 

Maternity Benefit Act

The Maternity Benefit Act originally came in 1961 to empower the women workforce of India. It got multiple valuable amendments in 2017. According to the revised Act-

  - 26 weeks of paid maternity leave in India for the first two children.

  - 12 weeks of paid maternity leave for the third and subsequent children.

  - 12 weeks of paid leave for adopting a child under three months of age.

  - 12 weeks of paid leave in case of miscarriage or medical termination of pregnancy.

  - Employers with more than fifty staff must provide childcare facilities.

  - The maternity leave policy should also allow work-from-home options for new mothers, if feasible.

 

Maternity leave eligibility

Be you an employer or employee, these eligibility criteria of maternity leave policy are must-know to avail its benefits-

  1. Women employees in both private and public sector organisations are eligible for maternity leave.

  2. The Maternity Benefit Act covers workplaces with more than 10 employees.

  3. To qualify, an employee must have worked at least 80 days in the 12 months before the expected delivery date.

  4. It includes 26 weeks for the first two children and 12 weeks for subsequent deliveries.

  5. Additional benefits include full pay during leave and the right to return to the same or a similar job.

 

Maternity leave rule

Certain rules require your attention when applying for a pregnancy leave application. Here are those in an orderly manner-

  - Full wages are mandatory maternity leave in India, calculated based on the average daily wages earned three months before the leave.

  - No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery or her miscarriage.

  - Employers should provide childcare facilities to ease new mothers’ transition back to work.

  - Pregnant workers must have access to hygienic restrooms, proper seating, and clean water for comfort.

  - Heavy tasks and extended hours are prohibited ten weeks before the due date.

  - Upon mutual consent, the employer must arrange additional leave, if needed, after maternity.

  - Employers can’t terminate employment during maternity leave, as it’s against the law.

 

Pro tip: Having women health insurance is an expert move to ensure your maternity care further.

 

Maternity leave benefits

Let’s find some valuable perks of promoting pregnancy leave in any work culture-

 

Work-life balance

It allows women to balance their careers and family life without having to choose one over the other.

 

Employee retention

A well-designed policy attracts female talent and helps retain employees. So, offering maternity benefits boosts the brand’s image in the industry.

 

Positive work culture

Supporting maternity leave and providing full salary fosters a sense of job security for women, improving the workplace environment.

 

Legal compliance

Employers must provide maternity leave benefits to comply with the Maternity Benefit Act.

Not following this regulation can lead to legal penalties.

 

The well-being of the mother and child

Maternity leave prioritises the mother's health and recovery while allowing her to bond with her newborn.

 

Make your motherhood journey stress-free with Future Generali

Maternity is a significant phase in a woman’s life, filled with both joy and challenges. You should prepare yourself based on physical, emotional, and financial matters. While you can handle the first two, decent women health insurance can cover maternity-related expenses. It includes medical expenses related to childbirth, prenatal care, or even complications.

 

At Future Generali, we offer dedicated pregnancy insurance that acts as a safety net against rising healthcare costs in India. Our Health Elite & Health Absolute plan can be your best pick in this situation. Also, the DIY Health by Future Generali allows you to customise your policy as you want, where you can add maternity benefits as an add-on cover.  From paid maternity leave to health insurance plans, it’s not just about financial security but also about enabling mothers to enjoy a stress-free maternity period.

 

FAQs

What is the “Right to Pay” in the Maternity Benefit Act?

The law states that your employer must pay your average daily salary during the leave period.

 

What should I consider before applying for the leave?

Walk these steps before filling out the application-

  - Read the employer’s policy wording carefully.

  - Provide all the required documents.

  - Apply at least two months before leave starts.

 

What is the maximum leave duration?

You can take 26 weeks of leave in total. You can take up to eight weeks before the expected delivery date.

 

Can my employer dismiss me while I am on pregnancy leave?

According to the Maternity Benefit Act, your employer can’t fire or replace you during the leave period.

 

Can I get an extension on the leave period?

If you can’t work after the granted leave period, your employer can extend the time, which requires a mutual agreement.

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