Maternity Leave in Private Companies: What Are the Rules and Employee Rights?

Hello,

This is the first time I am posting about maternity leave. Is it compulsory for all private organizations to provide maternity leave? For how many months will the company pay the employee? In case an employee leaves the organization after utilizing maternity leave, what actions can the company take?

Maternity Benefit Act Overview

The Maternity Benefit Act applies to all establishments employing 10 or more employees. Yes, it is compulsory for all establishments as per the above criteria.

Eligibility and Duration of Maternity Leave

As per the Maternity Benefit Act, an employee is eligible for 26 weeks (182 days) of leave with salary. If an employee is covered under ESI, she can claim the maternity benefit through ESI.

Extension of Maternity Leave

Even after the completion of maternity leave, if an employee requests a further extension (say another one month leave), the employer has to consider it favorably.

Post-Maternity Leave Considerations

In case the employee leaves the organization after the maternity leave period to nurture the baby or due to ill health conditions, no action can be initiated. However, the employee may be advised to follow the proper exit process with proper notice if she is physically able to complete the notice period.