Understanding Maternity Leave: What Steps Should Employers Take to Support Female Staff?

Dear All,

Our company is of medium size with a significant number of female staff, and we aim to offer them maternity leave benefits. Kindly assist me in understanding the following:

1. The statutory provisions of the act and its application,
2. At what point in the pregnancy are female staff eligible for these benefits,
3. What formalities and procedures need to be completed before proceeding on maternity leave,
4. How to calculate the leave and the amount accrued when taking leave.

Regards,

Pradeep Anwar

Hi, Eligibility as per maternity leave rules requires at least 80 days of work with the employer in the 12 months prior to the expected delivery date.

Maternity Leave Duration

Depending on whether the woman is expecting her first or subsequent child, she can take up to a maximum of 26 weeks off for her maternity leave, with up to 8 weeks off before delivery. However, it is not compulsory that the leave should start from 8 weeks before childbirth. The employee can take the entire 26 weeks from the day on which the employee gave birth to her baby.

Additional Leave Entitlements

The Act entitles pregnant women to additional leave days if they are unable to return to work after the maternity leave period. Women employees will get Earned Leaves during their Maternity Leave too.

Procedure to Avail Maternity Leave

An employee who desires to avail maternity leave and its benefits either for childbirth or child adoption must adhere to the following procedure:

- She must give formal written notice to her Employer requesting maternity leave at least 12 weeks prior to the date of delivery or adoption.
- She must complete the prescribed forms stating the date of the expected childbirth and the desired beginning date of maternity leave.

A certificate of pregnancy or proof of adoption can be attached along with the notice.

Provisions of the Maternity Benefits Act

- Eligibility: No woman shall be entitled to maternity benefit unless she has actually worked in an establishment for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.

- Notice to Employer: The notice to be given by a woman entitled to maternity benefit under the provisions of the Act shall be in Form 1. On receipt of the notice, the employer shall permit such woman to absent herself from the establishment for maternity benefits leaves. Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

- Maternity Benefits Leave: The maximum period for which any woman shall be entitled to maternity benefit leaves shall be 26 weeks, of which not more than 8 weeks shall precede the date of her expected delivery, and the remaining 18 weeks shall be after the date of her delivery.

- Pay: An eligible 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 for maternity benefit leave.

- Medical Bonus for Maternity: The employer should pay Rs. 3500/- to the eligible woman employee as a Medical Bonus for Maternity.

- Maternity Benefit Register: Every employer wherein women are employed shall prepare and maintain an up-to-date maternity benefit register in Form 10.

- Annual Returns: Annual Returns to be submitted in 'Form No.11' under 'The Maternity Benefit Act' on or before the 15th of January each year.