Designing a Leave Policy: What Are the Legal Requirements for Maternity Leave?

Hi, I am designing a leave policy for my company. I just want to know if there is any law regarding maternity leave policy. I saw in a couple of posts that maternity benefits are for 12 weeks with pay, which may be extended without pay. Is that the policy? And what if the company wants to modify it, can we do so? Please suggest!!
Thank you.

Dear Kabita,

The Maternity Benefit Act of 1961 specifies the guidelines for maternity leave. Additionally, a good amount of information is being shared in the forum about the same in the Industrial Relations section. You can go through the same.

Thanks,
Ligy Jose

This is a good topic to ask a very important question. I know an HR professional (woman) who has been working in a company for the last 1 and 1/2 years, but it is not a growing company, and she wants to change. However, since she has been married for the last 2 and 1/2 years, she is also thinking about family planning. When she goes for an interview, HR people or the concerned interviewer hardly consider her candidature. Are there any solutions? Or are there no jobs for women like her in this situation?

Sanjukta,

You are absolutely right; it is very difficult for ladies going through these circumstances to survive in the market or to get into a new job. If the lady you know is facing such a problem, then you can advise her to stick to the same company for a while. In the meanwhile, she can plan for family extension, then may take a break for a year or so, and jump back into the market with new energy and self-esteem.

This is a very crucial stage for new employers as well; they will never like to invest in a new candidate who will soon be on maternity leave. It will not be worth their money.

K

Hello,

I would like to know whether maternity leave in IT companies is 90 days or if it has been increased to 135 days. Please confirm.

Regards,
Manjula

Dear,

If the ESI Act is applicable, then the Maternity Benefit Act is not extended to the employee. Applicability is guided as per the ESI Act. If not, then the Maternity Benefit Act will be applicable.

R.K.P

Hi Kabita,

Find enclosed the Maternity Act. I hope it will help you to solve your query.

Regards,
Amit Seth

Hi,

Have attched a simple ppt on MB Act .I had come across the information mneioned in the paragraph below , while surfing for latest amendments of the Act . Nothing prevents an employer gving extra benefits over and above the prescribed minimum.This can be mentioned in the company's HR policy.

Maternity Benefit (Amendment) Bill, 2007

(Bill No XXXVIII of 2007) May 1, 2007

A BILL

Further to amend the Maternity Benefit Act, 1961

Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:

1. Short title and commencement :-

(1) This Act may be called the Maternity Benefit (Amendment) Act, 2007.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Substitution of new section 8 – In the Maternity Benefit Act, 1961 (53 of 1961), for section 8, the following section shall be substituted, namely:

8. Payment of medical bonus-

(1) Every woman entitled to Maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

(2) The Central Government may from time to time, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of Twenty Thousand rupees.

Hope the information helps

Regards

Kirti

As per policy, 12 weeks is the maximum duration the company can pay. However, you can suggest that after 12 weeks, the person can join for half a day at 50% salary. This way, work will not suffer. You can only suggest; management has to approve.

Hi,

As far as maternity leave is concerned, you have two options:

1. Those ladies who are covered under ESI.
2. Those who are not covered under ESI.

Covered under ESI: The Maternity Benefit Act does not apply to these employees, and the leave for confinement has been contemplated in the ESI Act.

Not Covered Under ESI: The leave can be fixed as contemplated under the Maternity Benefit Act. However, in certain companies, the maternity leave is fixed as per the leave policy of the company, where the leave is substantially higher than the relevant act.

In some companies, parental leave is permitted. If an employee's wife is expecting and upon confinement, to be with his wife during confinement, a certain number of days are fixed as parental leave.

Thanks and kind regards,
Michael Nicholas

Thank you very much for your support. The attachment and the PowerPoint presentation are very useful. I have also forwarded them to some junior colleagues who are new to this market. They also wanted to extend their thanks to all of you.

Regards,
K

Hi Kabita,

You must have already received the MS Word Document and MS PowerPoint Presentation about the Maternity Benefit Act, 1961.

Abstract & FAQ about The Maternity Benefit Act, 1961

Maternity Benefit - Labour Law Consultancy Services

Thanks & regards,

Sayed Iqbal
Email: iqbal@excelconsultancyservices.co.in

Hi Friends,

I have a query regarding the Maternity Act. I am working in an IT company whose strength is around 250. I am working here as an HR Executive.

My question is: Does an IT company also come under the Maternity Act? In our company, earlier we followed a rule that we will give 3 months' salary, i.e., paid leave, and then 2 months of unpaid leave. Now, someone suggested that we can give 3 months' salary, i.e., paid leave, to only those who draw a salary of less than 15,000/- per month. I think that this is not the case. There is no condition such as 15,000 per month. So please could you all guide me on this. Can you please tell me what your companies follow? I have to make this policy, so I am waiting for all your positive replies.

Thanks,
Susmita