Navigating Maternity and Paternity Leave: How to Support Employees and Retain Talent?

Dear Seniors, We are presently providing maternity benefits to all our female employees for 84 days. Our management has the following queries related to maternity benefits:

Maternity Leave Duration

1) The Act states 6 weeks before and after the date of delivery, totaling 12 weeks. Is it mandatory to take 6 weeks of leave before the date of delivery?

Paternity Leave Benefits

2) Is there any paternity leave benefit available for male employees under any statutory obligation?

Preventing Resignation Post-Maternity Leave

3) Are there any options or suggestions to prevent the resignation of female workers who leave after availing maternity benefits without violating any statutory legislation?

Thank you in advance for your valuable guidance.

Regards, Vijaya

It is not necessary that she should take 6 weeks before delivery; she can take the entire 12 weeks after the date of delivery.

There is no provision for paternity leave under labor Acts; it is up to the company to provide.

There is no provision under the Maternity Benefit Act that states a woman who does not resume duty after availing maternity leave shall be terminated. Termination of employment of a woman worker who does not resume duty after 84 days or such extended period of one month granted for sickness arising out of childbirth shall occur after conducting a proper inquiry only. However, even in that case, the benefits already given cannot be claimed from her.

Regards,
Madhu T.K