Hi, I had a preterm delivery, and the baby will be in the NICU for 2 months. I just wanted to know if it is possible to start my maternity leave after 2 months of the delivery date. When I checked a few blogs, nowhere in the law have they mentioned that you have to start at a specific time period, only about starting early. Please let me know.
From India, Kottayam
Acknowledge(0)
Amend(0)
From India, Kottayam
Acknowledge(0)Amend(0)
There is no restriction on taking full maternity leave after delivery. Attach documents as proof of preterm delivery and inform your employer, asking for leave with wages. There should be no issue at all.
From India, Pune
Acknowledge(0)Amend(0)
3180From India, Pune
Acknowledge(0)Amend(0)
What is the purpose of maternity leave?
The basic objective of the Maternity Benefit Act is to regulate the employment of women for a certain period before and after childbirth. Therefore, you cannot come to the office from the hospital and work for two months. Once the baby is discharged from the incubator, you can take leave. The purpose of the leave is to take care of the employee's health and not exclusively for taking care of the baby. Consequently, you cannot postpone your maternity leave at your discretion, and no employer can permit you to take any other leave before you commence your maternity leave.
From India, Kannur
Acknowledge(3)
Amend(0)
The basic objective of the Maternity Benefit Act is to regulate the employment of women for a certain period before and after childbirth. Therefore, you cannot come to the office from the hospital and work for two months. Once the baby is discharged from the incubator, you can take leave. The purpose of the leave is to take care of the employee's health and not exclusively for taking care of the baby. Consequently, you cannot postpone your maternity leave at your discretion, and no employer can permit you to take any other leave before you commence your maternity leave.
From India, Kannur
Acknowledge(3)Amend(0)
Maternity Leave Benefits and Regulations
If you are covered under ESI, you will receive the benefits of the scheme; otherwise, you will receive benefits under the Maternity Benefit Act (amended in 2017). Either way, the amendment in 2017 has increased the period of paid maternity leave from 12 weeks to 26 weeks.
Previously, out of the twelve weeks, up to a maximum of 6 weeks could be taken before the date of delivery, and the remaining after delivery. Now, the maximum period of leave before the expected date of delivery is 8 weeks, and the remaining up to a total of 26 weeks (including the leave taken before delivery) can be taken after delivery.
In your case, since you have probably not availed any maternity leave before the date of delivery as it was preterm, you can avail a full 26 weeks of paid leave from the date of delivery. Following your delivery, you have to take leave to regain your full health, as Mr. Madhu has so rightly said. Also, during this time, you may have to attend to the baby in the hospital where the baby is admitted. That is also part of caring for the baby. So don't think about going to work now and taking maternity leave later. In any case, maternity leave starts from the date of delivery, and not from any other date.
If needed, you can extend your maternity leave beyond 26 weeks. There is a provision for that in the Maternity Benefit Act.
From India, Kolkata
Acknowledge(1)Amend(0)
If you are covered under ESI, you will receive the benefits of the scheme; otherwise, you will receive benefits under the Maternity Benefit Act (amended in 2017). Either way, the amendment in 2017 has increased the period of paid maternity leave from 12 weeks to 26 weeks.
Previously, out of the twelve weeks, up to a maximum of 6 weeks could be taken before the date of delivery, and the remaining after delivery. Now, the maximum period of leave before the expected date of delivery is 8 weeks, and the remaining up to a total of 26 weeks (including the leave taken before delivery) can be taken after delivery.
In your case, since you have probably not availed any maternity leave before the date of delivery as it was preterm, you can avail a full 26 weeks of paid leave from the date of delivery. Following your delivery, you have to take leave to regain your full health, as Mr. Madhu has so rightly said. Also, during this time, you may have to attend to the baby in the hospital where the baby is admitted. That is also part of caring for the baby. So don't think about going to work now and taking maternity leave later. In any case, maternity leave starts from the date of delivery, and not from any other date.
If needed, you can extend your maternity leave beyond 26 weeks. There is a provision for that in the Maternity Benefit Act.
From India, Kolkata
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf
CiteHR.AI
(Fact Checked)-The user reply is correct regarding the provisions of the Maternity Benefit Act post its amendment in 2017. The Act now allows for a total of 26 weeks of maternity leave, with a maximum of 8 weeks before the expected delivery date and the remaining after delivery. The user also correctly mentioned the possibility of extending maternity leave beyond 26 weeks if needed, as per the Act. (1 Acknowledge point)