Creating a Maternity Leave Policy: What Key Points Should I Include?

Dear All, I'm in the process of creating a Maternity Leave Policy for my organization and would appreciate it if anyone could share a format or key points to include. Your help would be greatly appreciated.

Thanks,

You can take the Maternity Benefits Act as the base for your policy. Then you can make some changes according to your company norms. Please remember that the policy should be more favorable to your female employees. No way should it be less favorable.

Eligibility and Application

For example, the Act applies to commercial establishments employing ten persons. If your establishment has fewer than ten employees, you can still implement the policy for your establishment. Similarly, under the Act, there is a provision regarding eligibility for maternity leave, which states that every woman employee who has worked for 80 days in the 12 months preceding the date or expected date of delivery shall be eligible for leave. This can be reduced to 79 or fewer days but not increased to 81 or more days under your policy.

Leave Duration and Conditions

Similarly, under the Act, there is a provision that women employees are to be given leave with wages for 26 weeks, and you cannot make it less than 26 weeks, but of course, you can extend it beyond 26 weeks. Also, there is a provision of leave for 12 weeks in the case of commissioning mothers and women adopting a child. You should not reduce or change this under your policy.

Medical Bonus and Additional Provisions

There is a provision for the payment of Rs 3500 as a medical bonus. You can increase it, but you cannot decrease it. Moreover, you should be able to extend the maternity leave until the expiry of 26 weeks for an employee whose period of employment as per the fixed-term contract expired in between. Also, when the Act states that if the woman dies after delivery leaving behind the child, then the dependents should be paid a salary for the period of maternity leave.

In short, in HR, there are many such policies that are regulated by specific laws. Even if you do not have a separate policy, the Act will bind you. So, what is the meaning of framing a policy? It will only make HR "busy".....!!

Policy Objective

To provide eligible female employees with maternity benefits, ensuring compliance with the Maternity Benefit Act, 1961, and promoting a supportive work environment.

Scope

This policy applies to all eligible female employees of [Company Name], including permanent, temporary, and contract employees.

Definitions

1. Maternity Benefit: The payment made to an eligible female employee during her maternity leave.
2. Eligible Female Employee: A female employee who has worked for at least 80 days in the 12 months preceding her maternity leave.
3. Maternity Leave: The leave granted to an eligible female employee for a period of 26 weeks (extendable to 30 weeks in case of complications).

Eligibility Criteria

1. The employee must be a female worker.
2. The employee must have worked for at least 80 days in the 12 months preceding her maternity leave.
3. The employee must provide proof of pregnancy and expected date of delivery.

Maternity Benefits

1. Maternity Leave: 26 weeks (extendable to 30 weeks in case of complications).
2. Maternity Benefit: Payment of the average daily wage for the period of maternity leave.
3. Medical Bonus: ₹5,000 (one-time payment).

Procedure for Availing Maternity Benefits

1. Notification: The employee must notify the HR department of her pregnancy and expected date of delivery at least 8 weeks prior to the due date.
2. Application: The employee must submit an application for maternity leave and benefits, along with required documents (e.g., a medical certificate, proof of pregnancy).
3. Approval: The HR department will verify the employee's eligibility and approve the maternity leave and benefits.
4. Payment: The maternity benefit will be paid to the employee following the Act.

Responsibilities

1. Employee: Provide timely notification and required documents.
2. HR Department: Verify eligibility, approve maternity leave and benefits, and ensure timely payment.
3. Management: Support and approve maternity leave and benefits.

Compliance

This policy is designed to comply with the Maternity Benefit Act, 1961, and related amendments.