Navigating Maternity Leave: Can We Require Leave to Start at Eight Months Pregnant?

Dear All,

I want to inform you that one of our employees is starting her eighth month of pregnancy. She wishes to continue working until the end of her eighth month and then take maternity leave. This means she intends to take 4 weeks of leave before her delivery and 12 weeks after. Is it possible for her to do so? Can we mandate that she starts her maternity leave at the beginning of her eighth month?

Thank you.

Dear Sudha, as of now, the maximum period of maternity benefit or leave with wages as per Section 5(3) of the Maternity Benefit Act, 1961, is 26 weeks. The employee has two options: one is to avail the entire 26 weeks of leave from the actual date of delivery, and the other is availing not more than 8 weeks of leave prior to the expected date of delivery and the balance from the date of delivery. Therefore, there is no mandate available to the employer other than permitting her to avail the maternity benefit in a single stretch of 26 weeks post-delivery or in two spells comprising 8 weeks prior to delivery and 18 weeks post-delivery as per her choice.