Maternity Leave Dilemma: Can a New Mom Use All 26 Weeks Post-Birth Without Pre-Birth Leave?

Dear Members,

Can a female employee avail all her 26 weeks of maternity leave after the birth of her child if no leave was taken before the birth of the child?

Regards,
Mahesh Kumar Pandey

Yes, the full period of leave can be taken after delivery.

As per the Maternity Benefit (Amendment) Act 2017, the maternity benefit period is 26 weeks. Of this, a maximum of 8 weeks could be taken before delivery for up to two children. Beyond that, there is a 12-week maternity benefit period, of which not more than 6 weeks can be taken before delivery. The Act specifies only a maximum period for the time before delivery, so it could be even shorter, including the date of delivery.

Thank you!