What is the Maternity Leave Policy followed in your company in India? Is it the mandatory 26 weeks, or do you follow a customized policy? Appreciate your information.
Nowadays, organizations, in order to accommodate expectant mothers, provide additional leave. For example, a leave every month during the pregnancy period and special allowances for travel expenses, etc.
As per the latest amendment in the Maternity Benefit Act in 2017, a pregnant woman can take 26 weeks off instead of 17 weeks off. She can take 8 weeks off before the expected date of delivery and 18 weeks off after giving birth. This provision is only applicable for the 1st and 2nd childbirth; for the 3rd or subsequent pregnancy, she can avail of 12 weeks off. However, the woman must have worked a minimum of 160 days in a period of 12 months in a company/factory to be eligible for this benefit. This facility is not available for self-employed women.
There are 6 weeks off in case of miscarriage or medical termination of pregnancy and 12 weeks off in case of adopting or commissioning mothers (the child should be a newborn less than 3 months).
It is 80 days of service during a period of 12 months to be eligible for maternity benefits for delivery. There are no such conditions for other benefits. The employee shouldn't be covered under ESI. The establishment should have at least ten persons working on any day.
Limitations on Maternity Benefits
It is not for the first two deliveries. Irrespective of the number of deliveries, if two children are alive, the employee will not get 26 weeks of benefits further.
No, we are a team of 8 people employed for wages. We recently hired a female employee and thus need to know the maternity benefits applicable to us. According to the Maternity Benefits Act, we are exempted from providing 26 weeks of paid leave, but do we have to provide 12 weeks or 6 weeks of paid leave as per the law? What do other companies with a team of less than 10 employees follow?
The Maternity Benefits Act is not applicable to you. Granting her maternity leave with wages is at your discretion.
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