Navigating Maternity Leave in India: Does a Stepchild Affect My Entitlement?

I am expecting my second child by birth but have an elder stepdaughter through my second marriage. Will I be able to avail of 26 weeks of maternity leave as per law, or will it fall under the third child category, allowing only 12 weeks of leave, since my stepdaughter is registered as my dependent daughter in insurance? Please advise.

Understanding the Maternity Benefits Act

It is a question of law. The Maternity Benefits Act only states that 26 weeks' leave is available to those who do not have more than two surviving children. Whether it should include biological and stepchildren is not mentioned in the Act. In the absence of clarity, it should be construed that "child" means a biological child only. Moreover, the Act is a social security legislation. The provision of 26 weeks' leave is to ensure the health of the woman employee. However, it should not contradict our goal of population reduction.

You are eligible for 26 weeks of maternity benefits. The definition of a child includes a stillborn one. Even the 2017 amendment didn't change it by including an adopted child. Hence, we can naturally conclude that a child means a biological child.

Regards, Varghese Mathew

In continuation of what Mr. Varghese Mathew has stated, I would say that the marital status or relationship within the form of a wife-husband is not a matter under the Maternity Benefits Act for extending maternity benefits. The only reference is a woman employee, her pregnancy, and having two surviving children of her own.

If you are denied the benefits by quoting that you have a stepdaughter, then the biological mother of that child would get the benefit of 26 weeks' leave if she had another delivery, as if she has no surviving child, right?

Yes, regarding maternity leave, only biological children matter; marital relations do not matter. It is well-settled that an unmarried woman is also entitled to maternity leave.

According to the Maternity Benefit Act, 1961 in India, the following rules generally apply regarding maternity leave:

Maternity leave entitlement

A woman is entitled to 26 weeks of maternity leave for the birth of her first two children. For the third child, maternity leave is reduced to 12 weeks.

In your case, since you are expecting your second biological child, you are entitled to 26 weeks of maternity leave regardless of the fact that you have a stepdaughter. The key point is that maternity leave is determined based on the number of biological children and not stepchildren or dependents. Since your stepdaughter is registered as your dependent in insurance, it doesn't impact your eligibility for maternity leave for your biological child. The law considers the biological children for calculating maternity leave eligibility, so you will be eligible for 26 weeks of maternity leave.

To summarize: For the second biological child, you are eligible for 26 weeks of maternity leave under the Maternity Benefit Act. The fact that you have a stepdaughter will not affect this entitlement.