Maternity Leave Confusion: Do the 84 Days Include Weekends and Holidays?

Hi All,

One of our female employees is about to take maternity leave, and as per the act, it is a maximum of 12 weeks (84 days) that can be availed.

Please clarify whether these 84 days of leave include or exclude weekly offs, national holidays, and festival holidays.

Regards,
Sagar M
Senior Executive - HR & IR

Yes, it includes all the national, festival, and optional holidays under the act. Additionally, maternity leave can be taken before and/or after the delivery.

The maternity leave is for a minimum period of 90 days as per Government rules. Holidays falling within the 90-day period shall be included, except for the one at the beginning or end. For example, if the leave ends on January 25th of a year, January 26th, a holiday, would be excluded.

Please note that 6 weeks of the maternity leave HAS TO BE post-delivery.

Dear All,

I would like to clarify that maternity leave is only for 12 weeks, which equates to 84 days (12*7=84). This consists of 6 weeks pre-delivery and 6 weeks post-delivery. It is important to note that National, Festival, and Weekly holidays are to be included in the maternity leave period.

Thank you.

Sandeep, I think the rules specify that out of the 12 weeks, 6 weeks need to be post-delivery. It does not say the remaining 6 weeks need to be pre-delivery. So the employee can take the entire 12 weeks post-delivery if she wishes.

Dear Saswata Banerjee,

Please follow the Maternity Benefits Act 1961, Section 5, Clause 3:

The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.