Hi, Please refer to the following important changes under the new law:
1. The paid maternity leave in India has been increased from 12 weeks to 26 weeks for working women.
2. This law is applicable only to those who work in an organization with a minimum of 10 employees.
3. The prenatal leave is also increased from 6 to 8 weeks.
4. A woman who is already a mother of 2 children is eligible for 12 weeks of maternity leave for the 3rd child.
5. If a woman adopts a child under the age of 3 months, she is eligible for a leave of 12 weeks.
A commissioning mother is also eligible for a leave period of 12 weeks starting from the day when the child is handed over. You might be wondering, what is this "Commissioning Mother" term? A commissioning mother is a "biological" mother who uses her egg to make an embryo implanted in another woman, and the mother who gives birth to this child is known as the surrogate mother.
Maternity Leave in India is reformed considering the current scenario where women are a dominantly integral part of every working setup. Pregnancy is a phase in life; many families expect it to happen to them soon. Many families plan on pregnancy and childbirth. However joyous and exciting the pregnancy is, for working women, the concerns prevail.
India has already transitioned to a nuclear family approach; it is challenging to have help from home. Moreover, couples have shifted from their hometowns for corporate jobs across different locations. The concern with starting a family and transitioning the pregnancy process is a phase that brings many questions. However, working couples, as well as expectant mothers, should know the Maternity Leave.
Some of the Common Concerns of Expecting Mothers Are:
1. Will I lose my job because of the pregnancy?
2. Will I be able to work for the whole tenure of my pregnancy?
3. In case my pregnancy is complicated, and I am unable to work, how will I manage my expenses during pregnancy?
4. Will I be able to live up to my professional standards being pregnant and bearing a child?
5. What are the benefits I enjoy from the government and my employer as a pregnant employee?
6. Are maternity leaves paid in India?
7. What is the maternity leave for adopting a child?
8. As a pregnant mother, do I have the provision of working from home?
9. How will I manage the daycare facilities for my newborn?
A lot of apprehensions and dilemmas have led to many women employees losing out on their rightful share. Some women employees even quit jobs as critical health does not allow them to continue working during the pregnancy period.
The government supports the Maternity Leave strongly. A woman can now avail of all the significant benefits and make a well-informed decision on her pregnancy and maternity leave. This mandate is set to benefit pregnant women for securing their jobs as well as having a peaceful time with family in the happiest phase of their life.
Maternity leave in India is a paid leave of absence from work that allows women employees the benefit of taking care of their newborn, retaining their jobs, and also availing paid leaves.
India is a developing country, and our first Maternity Leave Act was established back in 1961 called The Maternity Leave Benefit Act 1961. This Act ensured women employees get a paid leave of 12 weeks post-delivery for taking care of the newborn. This Act applied to establishments with ten plus employees. The Act applies to every woman employee on a contract, permanent basis, or engaged with agencies.
The current employment scenario has changed, and we have a significant chunk of female employees taking jobs. The maternity act was subject to change due to social & economic changes. In 2017, The Maternity Leave Act was revised as The Maternity Leave (Amendment) Bill 2017.
The Maternity (Amendment) Bill 2017 brought a lot of necessary amendments in the Act. Let us understand:
The Maternity Leave Act Applies to: Establishments like factories, corporates, mines, plantations, shops & establishment act, and government establishments.
Eligibility
For a woman employee to be eligible under this Act, she should have completed working for 80 days in the current establishment in the last 12 months.
Payment
Paid leave is calculated based on the average daily wage for the period of absence.
Extension of period
The Maternity (Amendment) Bill 2017 has extended the earlier 12 weeks' leave to 26 weeks. The pregnant employee can bifurcate the leave as post and pre-delivery. 8 weeks of leave can be opted before the delivery and the remaining post-childbirth. For women expecting the third child, the maternity leave allotted is 12 weeks.
Maternity Leave Law for Adoptive Mothers
The law states a 12 weeks leave for the adopting mother. This leave starts from the day of adoption and is applicable for the baby below three months of age.
Maternity Law for Commissioning Mothers in India
The advent of technology has brought relief and joy to many families who were unable to conceive naturally. The maternity leave law here states a 12-week leave to the biological mother who imparts her egg to create an embryo which is then planted in another woman.
Tubectomy During Pregnancy
In the case of tubectomy, a woman on the production of the prescribed papers can opt for two weeks' leave, immediately from the date of the tubectomy operation.
Critical Illness Post-Maternity
Pregnancy is a complicated process and could be life-threatening too. The Maternity Leave Amendment Bill 2017 allows a benefit of one month for women who are suffering from critical circumstances like premature delivery, miscarriage & medical termination of pregnancy.
Leave for Government Civil Employees
Female civil employees benefit from a paid leave of 180 days for the first two live-born children.
Leave for Private Sector Employees
Private sector female employees have to ensure maternity leave policies with their HR team. The leave and payment provisions vary for different companies.
The Maternity Leave in India Act 2017 Compensation Rules & Benefits:
1. The maternity leave payment is at the rate of the average daily wage for the period of absence.
2. A medical bonus of Rs. 3500 is entitled in addition to the 26 weeks of paid leave & 12 weeks of paid leave for already a mother of two.
3. Pregnant women and lactating mothers further draw a benefit of Rs. 6000/- under the National Food Security Act 2013.
Norms Under The Maternity Leave:
1. The act states, the employer should not give a pregnant employee difficult tasks, including long-standing working hours, ten weeks before the delivery, such that it might affect both mother and child.
2. The employer should ensure the health and safety of the female employer and mandate that she should not be involved in any work six weeks following the delivery as well as miscarriage.
3. The law also states that the employer cannot dismiss or discharge a female employer during the maternity leave period.
4. In an establishment of 50-plus employees, a Crèche facility is to be provided by the employer. When the female employee comes back to work after maternity leave, she can avail of the crèche facilities. The Act also permits the female employee to visit the crèche four times during the regular working hours, including her regular rest intervals.
5. If an employer does not adhere to the Maternity Act, there are severe repercussions. The penalty to an employer for non-acceptance of the Act is a fine of Rs. 5000/- or imprisonment which can extend to a year or both.