Maternity & Paternity Leave for Small Start-Ups: What Are Your Options?

Latest Maternity & Paternity Leave Policy

What is the latest Maternity & Paternity Leave Policy for a new start-up firm of 15 people?

The Maternity Benefit (Amendment) Act 2017

The Maternity Benefit (Amendment) Act 2017, which was passed by the Rajya Sabha in August 2016, has now also been approved by the Lok Sabha in March 2017. Some important changes under the new law include:

1. The paid maternity leave in India is increased from 12 weeks to 26 weeks for working women.

2. This law is eligible for only those who work in an organization with a minimum of 10 employees.

3. A woman who is already a mother of 2 children is eligible for 12 weeks of maternity leave from the 3rd child.

4. If a woman adopts a child under the age of 3 months, then she is eligible for a leave of 12 weeks.

Paternity Leave in India

Unfortunately, there is no universal paternity leave law in India. The Central Civil Services (Leave) Rules, 1972, provide a provision for male government employees to take paternity leave 15 days before the birth or within six months of the baby's birth.

As far as maternity leave is concerned, you may follow the benefits outlined in the Maternity Benefit Act as mentioned above. For paternity leave, the number of days and other details are at the management's discretion. Consider incorporating these policies into your HR policy to ensure compliance regarding maternity leave and to establish good HR policies for paternity leave.

​In India, maternity and paternity leave policies differ between the public and private sectors.​

Maternity Leave:
Duration: The Maternity Benefit (Amendment) Act, 2017, increased paid maternity leave from 12 weeks to 26 weeks for women employees. This includes up to 8 weeks of pre-natal leave. For women with two or more surviving children, the entitlement is 12 weeks. ​
Eligibility: Applicable to women who have worked for at least 80 days in the 12 months preceding the expected delivery date. ​
Adoption and Surrogacy: Adopting or commissioning mothers (via surrogacy) are entitled to 12 weeks of maternity leave if the child is below three months old. ​

Applicability: The Act applies to establishments with 10 or more employees. ​

Paternity Leave:
Public Sector: Male central government employees with fewer than two surviving children are entitled to 15 days of paid paternity leave, to be taken before or within six months of the child's birth. ​

Private Sector: There is no legal mandate for paternity leave in the private sector. However, some companies voluntarily offer paternity leave, with durations varying based on company policies. ​

Considerations for a Start-Up with 15 Employees:
As your Mumbai-based start-up has 15 employees, the Maternity Benefit Act applies. Therefore, you are required to provide eligible female employees with 26 weeks of paid maternity leave. While paternity leave isn't mandated for private companies, offering it can promote a supportive workplace culture and enhance employee satisfaction.​
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Recommendations:
Maternity Leave Policy: Ensure compliance with the Maternity Benefit Act by providing the stipulated 26 weeks of paid leave to eligible female employees.​
Paternity Leave Policy: Consider implementing a paternity leave policy. While not legally required, offering paternity leave can foster a positive work environment and promote gender equality. The duration and terms can be tailored to your company's capabilities and culture.​
Implementing these policies thoughtfully can contribute to employee well-being and organizational success.