Maternity leave for women employees plays a crucial role in promoting a progressive work culture in any organisation. On an individual level, the maternity leave provision helps women maintain a healthy work-life balance. It provides them with precious time away from work responsibilities to bond with and care for their newborn. The duration of paid maternity leave in India has seen a significant increase in recent years, thanks to amendments in labor laws.
What is maternity leave rule in India?
Under maternity leave rules, every organisation is required to adhere to the provisions set by the government to protect the health and well-being of both pregnant female employees and their newborns. The law defines maternity leave as a fully paid leave period that pregnant and lactating mothers are entitled to take from their employer. The rule says that female employees working in private sector organisations with 10 or more employees can avail this leave.
The amendment made in 2017 significantly reformed the Maternity Benefit Act of 1961. It clarified the eligibility of women for various categories of maternity leave and benefits. To be eligible for the benefit, it is necessary to fulfil certain employment-related criteria.
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What is the eligibility criteria for maternity leave in India?
To be eligible for maternity leave in India, it is necessary to fulfil certain criteria, which are as follows:
- The employee should have worked for at least 80 days in the 12 months preceding the expected delivery date. This is the most prominent criterion for maternity leave eligibility in India.
- Pregnant women, who are opting for adoption or have experienced a miscarriage, are eligible. Miscarriage leave is also allowed for government employees.
- Medical termination of pregnancy or miscarriage is payable for 6 weeks or 42 days from the date of miscarriage.
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