Navigating Maternity Leave: Do Private Companies Need to Match Government Benefits?

I am with a new private entity run as a family business. However, as they are going for ISO certification, they want me to prepare a Leave policy.

As a rule, it is six weeks before and six weeks after the delivery i.e., 90 days. In 2008, the Indian government has extended this to 180 days [for government employees]. But my management is adamant about 3 weeks before and 3 weeks after benefits, i.e., 6 weeks in total.

As a private organization, are we required to follow the maternity benefits rule as per the rule for government employees?

Dear,

The leave for 180 days is applicable for central government employees. In your case, the Maternity Benefit Act of 1961 will apply, and you are bound to provide 12 weeks of leave as maternity benefit, with not more than 6 weeks before delivery.

In India, management can often act as they wish. Unfortunately, there is a common tendency here not to adhere to the laws of the land.

Regards,
JS Malik

Dear Mr. Malik,

Thank you very much for your reply. I had to proceed with a 6-week policy only as per my management's demands.

Thanks,
Sagacia

Dear Sagacia,

Great! Your management is very generous and kind! Please tell them to be prepared for legal issues. The penalty for not following the maternity leave rules is punishable with imprisonment which may extend to one year, or with a fine which may extend to five thousand rupees, or with both.

Why is your organization giving a total of 6 weeks of leave? Please advise them not to provide any maternity leave because the penalty will be the same for partially following the rule as well as completely not following the rule.

For more HR information, you can visit: [White Eagle: Employees leave the job because of top management](http://kuldeeprathore.blogspot.com/2009/08/employees-leave-job-because-of-top.html)