Maternity leave policy in India is an important aspect every business should focus on in order to provide support to it’s female employees prior to, during and post childbirth. Such a policy eases the pressure on them so they can healthily manage their personal and professional life. The Maternity Benefit (Amendment) Act of 2017 requires companies with ten or more employees to provide all of the facilities and benefits stated for qualified employees. Employers who violate women’s maternity rights may face up to 3 months in prison, a ₹5000 fine, or both.
In this blog, we will go over all the details you need to know related to maternity leave and creating a good maternity leave policy in India.
What is Maternity Leave Policy?
A maternity leave policy in India is a company policy that allows female employees to take time off during pregnancy and after childbirth while maintaining financial and job security benefits. This leave policy supports the health and well-being of both the mother and her child during this important phase. Companies employ maternity leave policies to meet legal obligations, promote gender equality, healthy work-life balance and to create a positive work environment for women post birth. This helps to retain talent, raise employee morale, and develop loyalty by showing that your company prioritizes an employees’ personal as well as professional requirements.
Applicability of Maternity Leave Policy in India
Maternity leave in India is defined by the Maternity Benefit Act, 1961, as modified in 2017. The Act covers all businesses having ten or more employees, including factories, stores, mines, plantations, and other notified organizations. Women employees in both the private and public sectors are eligible for maternity leave provided they have worked at least 80 days in the 12 months before their expected delivery date. The Act also applies to adoptive and surrogate moms, providing comprehensive coverage for working women.
Maternity Leave Benefits
A] Financial Benefits
Full Salary During Leave:
- Women have the right to their average daily income during the maternity leave period, which is paid by their employer.
- The amount received is determined using the salary that was earned in the 3 months prior to taking leave.
Medical Bonus:
- If an employer does not offer free medical care, women can receive a medical incentive of up to ₹3,500 (or as prescribed by the government).
No Deduction in Pay:
- Employers cannot deduct earnings for days covered by the maternity leave policy.
B] Non-Financial Benefits
Creche Facility:
- Companies with 50 or more employees are required to offer a crèche in their office.
- Women are allowed 4 daily visits to the crèche, with breaks for feeding the infant.
Work-from-Home Provision:
- After maternity leave, women can work from home if their job position and employer allow so. This is especially useful in professions which provide for remote work.
Nursing Breaks:
- Women are given 2 paid nursing breaks each day after returning to work.
- These breaks are valid until the child is 15 months of age.
Light Work Duties:
- Pregnant employees cannot be assigned heavy or stressful work that might threaten their health or pregnancy.
C] Protections for Employees
Job Security:
- Employers are not permitted to fire or dismiss women during maternity leave.
- Women are allowed to return to their previous job or an equivalent one with no loss of pay or seniority following maternity leave.
Prohibition of Discrimination
- Companies cannot discriminate against women based on their pregnancy status.
- Pregnant employees cannot be denied promotions, wage increases, or other workplace advantages because of their pregnancy.
Health & Safety:
- Employers are required to provide a safe and healthy working environment for pregnant women.
- Women should not be allocated duties that require lengthy standing, exposure to hazardous substances, or physically demanding work.
Rules For Maternity Leave Policy In India
Maternity Leave Policy Elements |
Rules |
|---|---|
| Applicability | Applies to establishments employing 10 or more employees, including factories, mines, plantations, shops, and other notified establishments. |
| Eligibility | Women employees must have worked for at least 80 days in the 12 months preceding the date of expected delivery. |
| Duration of Leave | 26 weeks for the first two children (8 weeks pre-delivery + 18 weeks post-delivery). 12 weeks for the third child onwards. |
| Adoption & Surrogacy Leave | 12 weeks for adoptive mothers (for a child below 3 months of age). 12 weeks for commissioning mothers (surrogacy cases). |
| Miscarriage or Medical Leave | 6 weeks leave in case of miscarriage or medical termination of pregnancy. 2 weeks for tubectomy (sterilization) operations. |
| Salary During Leave | Full salary (last drawn average wage) paid by the employer during the leave period. |
| Notice Requirement | Written notice to the employer at least 10 weeks before the expected delivery date. Include medical certificates for expected delivery or health conditions. |
| Work-from-Home Provision | Post-maternity leave, employees may work from home if mutually agreed with the employer, based on job nature (introduced under the 2017 amendment). |
| Crèche Facility | Employers with 50 or more employees must provide a crèche facility within a reasonable distance. Four daily visits to the crèche allowed, including breaks. |
| Nursing Breaks | Two paid nursing breaks per day allowed until the child turns 15 months old. |
| Job Security | Women employees cannot be terminated during maternity leave. They are entitled to the same job or an equivalent position upon return. |
| Non-Eligibility | Does not apply to women working in the unorganized sector unless covered by other schemes (e.g., ESI for certain conditions). |
Steps To Create and Implement a Maternity Leave Policy in India
Understand Legal Requirements
Legally, companies must follow these standards to follow compliance and avoid any legal implications. Developing a maternity leave policy in India also reflects a company’s dedication to their employee’s well-being and workplace equality, which is critical for keeping your staff content and creating a happy work environment. Noncompliance not only carries legal implications, but it can also harm a company’s brand.
Define Objectives and Eligibility
Defining objectives and eligibility is an important stage in developing a maternity leave policy since it basically decided who the policy applies to and why it exists. Objectives refer to the policy’s purpose and goal, such as encouraging employee wellness and health, maintaining legal compliance, and promoting workplace equality. Eligibility on the other hand specifies who can receive the benefits, which often include full-time, part-time, or contractual employees who meet legal requirements, such as working for at least 80 days in the previous year.
Determine Maternity Leave Duration and Benefits
This next step should be done a little early in the maternity leave policy drafting process, after objectives and eligibility have been defined. The law requires 26 weeks of paid leave for the first two children and 12 weeks for the third, with additional allowances for adoption, surrogacy, and medical problems such as miscarriages. It is critical to explain both financial benefits, such as full compensation during leave, and non-financial perks, such as nursing breaks, childcare facilities, and work-from-home alternatives.
Draft the Maternity Leave Policy
A well-drafted maternity leave policy should include both legal requirements and employee demands. It must explicitly define the scope, eligibility, leave duration, perks, and processes to ensure openness and consistency. Here are the key sections you need to include in a maternity leave policy in India:
- Purpose and Objectives: Explain the policy’s goal and how it aligns with organizational values and legal requirements.
- Eligibility Criteria: Determine who is eligible for maternity leave (e.g., tenure, employment type).
- Duration of Leave: Indicate the length of absence for various situations (e.g., childbirth, adoption, surrogacy, medical difficulties).
- Benefits: Describe the financial (full salary, bonuses) and non-financial (nursing breaks, crèche facilities) benefits.
- Application Process: Outline the steps for applying, including dates and required documentation.
- Post-Leave Provisions: Include reintegration strategies, work-from-home possibilities, and job security safeguards.
- Employer and Employee Responsibilities: Outline the roles of both sides to ensure a seamless execution.
- Grievance Redressal: Mention a process for dealing with maternity-related difficulties.
- Legal Compliance: Emphasize respect to the Maternity Benefits Act and other relevant legislation.
Create an Application Process
To design a maternity leave application procedure, note down the basic steps employees must take when requesting leave. For example, you can ask employees to submit a formal application, typically 10 weeks before the projected delivery date, together with a medical document verifying their pregnancy. Provide an example maternity leave application template so that your staff can more easily understand the format. Make sure that HR processes applications quickly and communicates approval statuses within a reasonable timeframe.
Train Staff and Communicate Maternity Leave Policy
Train HR professionals and managers on the maternity leave policy to make sure that requests are handled professionally and sensitively. Educate employees about their policy rights and responsibilities via onboarding seminars, emails, or an internal portal. Provide managers with tools for managing tasks while an employee is absent, such as cross-training or temporary hires. Employee handbooks should clearly express the policy, and important data should be clearly displayed and available in the workplace.
Monitor Compliance and Update Regularly
Lastly, create a system that tracks the maternity leave policy and procedure, to make sure it is in accordance with the Maternity Benefit Act and satisfies the needs of employees. Regularly review the policy with legal experts and human resources to integrate any changes in legislation or business goals. You should also gather input from employees who have taken maternity leave to identify if there are any areas for improvement.
FAQs
What is the new maternity leave policy?
The Maternity Benefit Act was modified in 2017 to extend maternity leave from 12 to 26 weeks for the first two children. It included benefits such as leave for adoptive and surrogate moms, crèche facilities, and work-from-home alternatives.
Is maternity leave 6 or 9 months?
Maternity leave in India is 6 months (26 weeks) for the first two children. For the third child, or for adoptive and surrogate mothers, it is 12 weeks (3 months). This duration ensures adequate recovery time and care for the child.
Can maternity leave be extended beyond the legal limit?
Maternity leave can be extended, but it will be unpaid unless the employer agrees otherwise. Some companies allow for extended leave due to HR policy or medical problems. Women can also take other types of leave (such as unpaid leave or annual leave) to prolong their time off.
Can maternity leave be taken before the due date?
Yes, mothers can take up to 8 weeks of leave before the planned delivery date as part of their 26-week maternity leave. The rest of the leave can be used after birth. The timing can be altered according to medical advice and personal preference.
Can maternity leave be denied by an employer?
Maternity leave cannot be rejected provided the employee meets the eligibility standards outlined in the Maternity Benefit Act. Denying leave is a legal offense that could result in sanctions for the employer.
Are adoptive fathers eligible for any leave?
The Maternity Benefit Act does not cover paternity or adoptive fathers. However, some businesses may provide paternity or adoption leave as part of their own HR policies.
Conclusion
A maternity leave policy is essential for supporting employees, encouraging workplace equality, and meeting regulatory requirements. It shows an organization’s dedication to employee well-being, as well as its ability to retain talent and create a happy work environment.
In such cases, ready-to-use sales documents and templates can simplify the process and make sure that all legal and practical concerns are properly taken care of. Tools like Smart Sales Kit make policy design, communication, and management easier, saving time and eliminating errors. Head on to our website to learn more.
