Adoption and Maternity Benefits: Do They Apply for a 3-Month-Old Baby?

Dear seniors,

Would maternity benefits apply if a female employee adopts a 3-month-old baby? Can we provide maternity benefits for that employee? Is there a specific section in the maternity benefit policy that addresses this scenario? Please clarify my doubt.

Regards,
Thank you,
Krishna Kanth

Adoption is not maternity; it is not a case of 'childbirth'. Hence, she is not entitled to any maternity benefit.

Adopting a 3-month-old child is a great service to humanity. Weaning, feeding, and taking care of such a baby is a full-time job, and the expenses involved are obvious. True, it's not a case of 'childbirth' and hence, by Srikant's perception, doesn't qualify for maternity benefits. Again, I am ignorant of what the Indian Labor Law says on the issue; but purely on humanitarian and rational grounds, the staff must be provided the benefits.

Not only will this make for a happy family, but you will have the most committed employee on your team.

Do reflect.

Regards, Arif ur Rehman

Maternity Benefits for Adoptive Mothers

Good news for you: your wife can avail of the facility. As per the new amendment to the Maternity Benefit (Amendment) Act 2017 ("MB Amendment Act"), the Ministry of Labour and Employment, Government of India, via an Official Gazette notification dated 31 March 2017, has sanctioned certain assistance for adopting mothers.

• Maternity leave for adoptive and commissioning mothers: The MB Amendment Act extends certain benefits to adoptive mothers as well and provides that every woman who adopts a child shall be entitled to 12 weeks of maternity leave from the date of adoption.

You can call your employer to extend the facility as provided by the statute. For thorough information, contact the local labour department and seek assistance in case your employer rules out the facility under the MB Act.

Regards, KK

Thank you, Prabhat.

Sec 5(4): A woman who legally adopts a child below the age of 3 months shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to her. If she has adopted a child who was less than 3 months old, she will be entitled to 12 weeks of maternity leave.

Dear all,

I have another doubt concerning whether the Act applies if a woman adopts a baby over 3 months old, such as a baby who is 3 months and 10 days old or 4 months old. Is this scenario covered by the Act as well?