The Maternity Benefit Act, 1961, regulates maternity leave in India. It entitles a woman to a maximum of 26 weeks of paid maternity leave, out of which up to 8 weeks can be claimed before delivery. Here is a simplified explanation of the policy:
Eligibility
- The policy applies to every woman who has worked in an establishment for a period of at least 80 days in the past 12 months.
- It is applicable to all establishments employing 10 or more people.
Leave Duration and Pay
- A woman is entitled to a maximum of 26 weeks of maternity leave.
- She can claim up to 8 weeks before her due date and the remaining after childbirth.
- For women who are expecting after having two children, the duration of paid maternity leave shall be 12 weeks (6 weeks before and 6 weeks after the expected date of delivery).
- In case of a miscarriage or medical termination of pregnancy, a woman is entitled to 6 weeks of paid maternity leave.
Benefits
- The maternity leave is paid leave, and the woman is entitled to receive her average daily wage for the period of absence.
- The employer cannot discharge or dismiss her during or on account of such leave.
- The Act also has provisions for light work for pregnant employees if they should require it.
Necessary Forms
- Form 'A': Application for Maternity Benefit and notice of work.
- Form 'B': Proof of pregnancy.
- Form 'H': Receipt of maternity benefit.
Please note that the forms should be certified by a registered medical practitioner. Also, this is a simplified explanation of the policy, for comprehensive understanding, you should refer to "The Maternity Benefit Act 1961" which you can find on the official
http://www.labour.gov.in/ website.
Remember to submit your application for maternity leave well in advance to your employer along with the necessary forms.