Maternity Leave Confusion: Do Employees Get Both Leave and Salary?

Dear Sir/Madam, under maternity benefits, is an employee eligible for leave and salary for the said months, or is the salary provided in place of leave? I would appreciate your guidance on this matter.

Thanks & Regards

Dear Colleague,

Maternity Benefit Act: Payment of Maternity Benefit

As per Section 5 of the Maternity Benefit Act, the right to payment of maternity benefit is outlined as follows:

Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. According to the Maternity Benefit Act, female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks' leave is post-natal leave. In the case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave.

It is stated that the Maternity Benefit Act provides for "Maternity Benefit at the rate of Average Daily Wage" for the days of maternity leave admissible as applicable.

Thank you.

Maternity Leave and Salary Eligibility

The employee is eligible for paid leave for the maternity period (26 weeks), and the salary must be paid at the end of each month, as it is paid to all other employees. The maternity bonus amount (₹3,600) is payable upon proof of delivery.

Ensure there is a single line break between paragraphs.

Dear CiteHR member Hr@vansonengineering,
With due respect to Dr. P. Sivakumar and Saswata Banerjee, I may be permitted to correct the position as slight errors have crept into the above-noted comments.

It may be noted that:

1) Maternity benefit, i.e., special leave with paid wages/salary, is admissible to female employees under the Maternity Benefit Act 1961. The total period of Maternity Leave was 12 weeks, but the Maternity Benefit (Amendment) Act 2017 has increased the paid leave to 26 weeks. However, it will be for mothers up to 2 children only. For the rest of the mothers, it is 12 weeks only.

2) The period of 26 months mentioned in the above comment should be read as 26 weeks.

3) The amount of Medical Bonus under Sec. 8 of the MB Act 1961 is Rs. 3500/- as per Gazette Notification No. SO-2831(E) dated 19/12/2011 of the Central Govt.

For detailed comments, kindly refer to the previous thread "IS IT MANDATORY TO GIVE MATERNITY BENEFIT?"

Hope this satisfies your query.

Regards,
Chandra Mani Lal Srivastava
Master Consultant - Subject Expert on Laws of Women in India
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy-Reasons]
New Delhi/01.02.2022/10 pm

Eligibility for Maternity Leave and Salary

The employee is eligible for leave and salary for the said months.

Overview of the Maternity Benefit Act

The Maternity Benefit Act was passed in India in 1961. The act guarantees work-free maternity leave or paid maternity leave for women employees in India.

Prior to the enactment of the Maternity Benefit Act, Indian women were not guaranteed any maternity leave from their employers. This often led to pregnant women being fired from their jobs or resigning due to pregnancy.

Amendments to the Maternity Benefit Act

The Maternity Benefit Act has been amended several times since it was first enacted, most recently in 2013. The 2013 amendment increased the number of weeks of maternity leave that are guaranteed to working mothers from 12 weeks to 26 weeks.