Navigating Maternity Leave: What Happens If Leave Extends Beyond 3 Months?

Hi friends,

My company is a startup, and I am framing the various HR policies. I have framed the general leave policy, but my question is: What are the leave benefits for a pregnant woman? According to the law, she is entitled to a paid leave of 3 months, but if the leave period is extended after that, will it be unpaid leave or some percentage of the salary? Please suggest.

Thanks

Dear,

Legally, a pregnant woman is entitled to 12 weeks of leave as maternity leave. This leave is granted as per the provisions of the Maternity Benefit Act of 1961. However, if she is a member of ESIC, then these benefits are provided by ESIC; otherwise, the company will pay.

A 4-week leave can be extended if a woman encounters a serious problem during childbirth or if the delivery requires a major operation.

This is the legal position. The rest depends on you to decide if any extra leave is to be given.

Thank you.

JS Malik

Dear Mr. Malik,

Having due regard for Mr. Malik, it is hereby clarified that under Section 10 of The Maternity Benefit Act, 1961, leave with wages for illness arising out of pregnancy, etc., will be allowed to the woman employee for a maximum period of one month instead of 4 weeks. This is submitted for making the Maternity Benefit policy in concurrence with the provisions of the law.

Regards,

R.N. Khola
Sr. Associate
Haryana