Maternity leave eligibility, duration, payment, and other details

Dear CiteHRs,

I'm an HR professional working in the Private Sector. I have noticed several amendments in the Maternity leave benefits and acts as of 2017. The Maternity Period has been extended from 12 weeks to 26 weeks, along with the introduction of the Work from Home option and other changes. I kindly request anyone to please elaborate on the maternity leave details below:

1. In order to avail of the maternity benefit, how much mandated tenure must the employee complete with the company?
2. Since when can the employee avail the benefit? How many weeks before their delivery and how many after the delivery?
3. How much salary should be paid to the employee during maternity leave?
4. Can we include in our HR handbook policy a statement that "the employee will be able to attain maternity leave benefits only after successfully completing 1 or 2 years with the company"? Is this against government rules or in compliance with them?

Please help.

Location: Bengaluru, India

Maternity Leave Details in India

To avail maternity benefits in India, an employee must have worked for at least 80 days in the 12 months immediately preceding her expected date of delivery.

Employees are eligible to start their maternity leave up to 8 weeks before the expected delivery date and can avail up to 18 weeks post-delivery.

During maternity leave, employees are entitled to receive their full salary. The salary should be paid at the same rate as the employee's last drawn salary.

In India, the Maternity Benefit Act does not specify a tenure requirement for availing maternity leave benefits. It is advisable to align your company policies with the legal requirements to ensure compliance with the law. Enforcing a 1 or 2-year tenure requirement may not be in line with the Maternity Benefit Act, which focuses more on the qualifying period of 80 days.

Ensure your HR policies are aligned with the Maternity Benefit Act to provide a supportive and compliant work environment for pregnant employees. For more detailed information, refer to the Maternity Benefit Act, 1961.