Understanding Maternity Policy: What Are Your Entitlements and Documentation Needs?

Hi, I would like to know more about the Maternity policy. I need more clarity on what is entitled and what is not under the Maternity Policy and how it will be considered. Can anyone help me with this? Are there any instances where the documents will not be approved by the insurance companies? If so, what are the documents we need to collect from the employees? Is it necessary to include such details in the policy?

Regards,
Pushpa

Hey Pushpa,

I am sharing our Maternity Policy that we follow in our organization:

a. No female employee shall be entitled to Maternity Leave unless she has actually worked for a period of 180 days in the 12 months immediately preceding the date of her expected delivery. However, female employees who have worked for less than the required period will have their Maternity Leave calculated on a pro-rata basis.

b. Female staff members are eligible for 3 calendar months of Maternity Leave for the first two occasions of confinement.

c. The staff member may utilize her leave balance to extend the duration of leave, if required.

d. If the staff member needs to extend her leave further due to post-natal complications, the approval of the concerned Head of the Department is required. However, such leave will be as per the guidelines below:
- Special Maternity Leave for the first 3 months on half pay
- Special Maternity Leave beyond 3 months on leave without pay

e. Maternity leave can be granted for a maximum of two deliveries only to confirmed and married female employees. Maternity leave shall not be granted for deliveries after the second living child.

I hope this information is useful for you. Regarding the insurance policy, it depends on the policy whether pregnancy charges are covered. However, most insurance companies do not cover pregnancy-related expenses. For details on the required documents, please contact the vendor you deal with for the insurance policy.

Hi Prathima,

This is useful information on maternity protection and can be considered a handy reference for maternity leave policies. Thanks for your insights.

I would also appreciate some clarity on a particular issue - whether the proposed extension of maternity leave from 3 months to 6 months, which, to my understanding, the Government is considering, has been implemented or is still under review. I recall reading about this policy in the newspaper a few days ago.

If anyone in the forum can provide assistance, please do help me out.

Hi Prathima,

This is useful information on maternity policy and can be considered a ready reckoner for maternity leave. Thanks for your input.

I would like clarity on one issue regarding the new consideration for maternity leave. As per my understanding, the government is planning to extend it from 3 months to 6 months. I am unsure if this has been implemented or is still under consideration, as we recently saw it in the newspaper. Can anyone in the forum help me with this?

Also, I would like to know if this consideration is only for government organizations or if it applies to all organizations at all levels.

Regards,
Kanika

Dear Pratima,

I believe that the eligibility for maternity benefits under the Maternity Benefit Act, 1961 is not 180 days of work but 160 days in the 12 months preceding the date of delivery. Similarly, the maternity leave is not 3 months but 12 weeks. If you consider it as 3 months, it will account for 90 days or more, but in weeks, it will amount to 84 days only.

Regards,
Madhu.T.K

Hi,

Thanks, Madhu, for the info. Kanika, as far as my knowledge goes, it is still not implemented. I don't think it can even be implemented in a private concern for 6 months of maternity leave; then no employer will hire a female employee as it would be a big loss for the employer. Till date, as Madhu said, only 12 weeks of maternity leave is allowed.

I think this act was provided for those who go through pregnancy before 12 weeks and after 12 weeks. Additionally, provide another 1-month leave after completion of the total days because she is undergoing a procedure like tubectomy.

Total leave applicable is 12 weeks, which can be availed as 6 weeks prior to delivery and 6 weeks after delivery. However, it is not mandatory that the woman should avail it as 6 + 6, but she can avail the entire 12 weeks after childbirth. In case of a miscarriage, she is eligible for 6 weeks of leave.

As Prasad mentioned, there is a provision (under section 10 of the Act) to provide one month of leave for illnesses arising out of childbirth, premature delivery, etc., upon production of proof thereof.

Regards,
Madhu.T.K

Maternity Leave

- 12 weeks of paid leave in running days, of which a minimum of 6 weeks should be taken post-delivery.
- An additional 4 weeks of paid leave can be availed in the case of complications during delivery. This can also be taken consecutively. Employees must apply for this leave separately, citing the reason for the delivery complication and providing supporting medical documents.
- A 4-week leave without pay can be taken for childcare, which can also be consecutive days. Employees need to submit a separate leave application for this.
- In the event of a miscarriage, a 6-week paid leave can be taken immediately after the miscarriage upon submission of a medical certificate.

Entitlement for Maternity Leave

Any female employee who has completed a minimum of 80 days of service with the organization from which she is claiming the maternity benefit is eligible to get Maternity Benefit under the Act.

Maternity Leave

- 12 weeks of paid leave, of which a minimum of 6 weeks should be taken post-delivery.
- An additional 4 weeks of paid leave can be availed in case of complications during delivery. This can also be taken as running days. The employee must apply for this leave separately, stating the reason for the delivery complication supported by medical documents.
- 4 weeks of unpaid leave can be taken for childcare. This can also be taken as running days. The employee needs to apply for this leave separately.
- In the case of a miscarriage, 6 weeks of paid leave immediately after the miscarriage can be availed, upon submitting a medical certificate.

Procedure to avail the benefits under the act from ESIC

- Employees need to obtain Form No. 20 and 21 from the local ESIC Hospital.
- Submit a copy of Form No. 20 and 21 to the ESIC office. Also, one copy of Form No. 20 and 21 needs to be submitted to the HR Department in the office.
- It is not necessary for the delivery to take place at an ESIC Hospital only. It is the employee's choice to consult any hospital for this purpose.
- Within thirty days after delivery, employees need to obtain Form No. 23 from the Local ESIC Hospital. To obtain Form No. 23, it is compulsory to have the Birth Certificate of the newly born child.
- Submit the copy of Form No. 23 to the ESIC office and submit one copy to the HR Department in the office.

Payment of Salary during Maternity Leave

Payment of Maternity leave will be made by ESIC after submitting the Form No. 20, 21, and Form No. 23.