Maternity Leave in India: Laws, Rights and FAQs

Introduction

Maternity Benefit Act, 1961

• Maternity Leave: Women are entitled to maternity leave of 26 weeks, out of which up to 8 weeks can be taken before the expected date of delivery. This leave is paid leave, ensuring that women receive their full salary during this period. During maternity leave, women receive their full salary or wages, primarily to ensure that they do not experience a loss of income during this period.
• Adoptive and Commissioning Mothers: The 2017 amendment to the Act extended benefits to adoptive mothers and commissioning mothers (those using surrogacy). Adoptive mothers are entitled to 12 weeks of maternity leave if they adopt a child below 3 months of age. Commissioning mothers receive 12 weeks of leave from the day the child is handed over to them.
• Crèche Facilities: Establishments with 50 or more employees must provide crèche facilities within a prescribed distance from the workplace. The crèche must be easily accessible, and women should be allowed four visits during the day, including rest breaks.
• Work-from-Home Option: The Act allows women to work from home if the nature of their work allows, subject to mutual agreement between the employer and employee. This provision can be utilized after the period of maternity leave.

Additional Provisions

• Leave for Miscarriage or Medical Termination of Pregnancy: In case of a miscarriage or medical termination of pregnancy, women are entitled to 6 weeks of paid leave from the day of the miscarriage or termination.
• Leave for Tubectomy Operation: The Act also provides 2 weeks of paid leave for women undergoing tubectomy.
• Sickness Leave: If a woman experiences any illness due to pregnancy, childbirth, or related conditions, she is entitled to additional paid leave up to a maximum of 1 month.

Eligibility Criteria for Maternity Leave

• To qualify for maternity leave, a woman must be employed by an establishment covered under the Maternity Benefit Act. This includes both public and private sector establishments.
• The Act requires that a woman must have worked for the employer for a minimum of 80 days in the 12 months immediately preceding her expected delivery date.
• Women who adopt a child under 3 months of age are eligible for 12 weeks of maternity leave from the date of adoption.
• Women who have a child through surrogacy are also eligible for 12 weeks of maternity leave from the date the child is handed over to them.
• Women who experience a miscarriage or medical termination of pregnancy are eligible for 6 weeks of paid leave.

Conclusion

Frequently Asked Questions

Download Maternity Benefit Act, 1961

Download Maternity Benefit Amendment Act, 2017