Welcoming a child can be an incredibly emotional and quite challenging, especially for the mother. It becomes crucial for a working woman to take time off for tending to her maternal duties and recover from childbirth.

Maternity Benefit Act 1961 regulates the maternity leave and other maternal benefits of to-be mothers. This act ensures that working women in recognised organisations and factories get comprehensive maternity benefits, including the maternity leave. Female employees can take a maternity leave before and after giving birth for up to 26 weeks months according to this act. During the maternity leave, the employer must pay the female employee her entire salary without any deductions.

• Minimum Work Requirement for Maternity Leave Eligibility

  According to the Maternity Benefit Act 1961, minimum 80 days of service in the 365 days preceding the expected due date is required as the criteria for eligibility for maternity benefits for a female employee.

• Maternity Eligibility in India

  Under the Maternity Benefit Act 1961, all women who are pregnant, going through a miscarriage, commissioning mothers, lawfully adopting a child have maternity leave eligibility.

  Commissions mother are women who are talking help from a surrogate mother to deliver their baby by placing an embryo in the surrogate’s womb.

• Coverage of Maternity Leave in the Recognised Organisations and Fields

  All women employees working in the public or private sector have the eligibility for maternity leave. Private sector companies with 10 or more employees in total must comply with the Maternity Benefit Act 1961 and provide paid maternity leave and other maternity benefits to its female employees who are eligible for it. The Maternity Benefit Act 1961 doesn’t provide maternity benefits for self-employed women and women who work in a company with less than 10 employees.

• Timeline for Taking Maternity Leave

  Women are eligible for maternity leave in India from 8 weeks before their due date; they can take the rest of their maternity leave, i.e. 18 weeks, after delivering their baby. If a woman already has 2 children, she is eligibility for a 12-week maternity leave for her third and subsequent child.

  Mothers who are lawfully adopting a child below 3 months of age are eligible for a 12-week maternity leave. Commissioning mothers are also eligible for a 12-week maternity leave from the day they welcome their baby into their home.

Maternity leave is a legal right for women in India who are expecting mothers or have given birth to a child recently. This leave ensures that women are able to fulfil their maternal duties and have an opportunity to rest and recoup from childbirth. Some of the benefits of maternity leave are mentioned below:

• Paid time off to recover physically after childbirth
• Enjoy job security while devoting substantial time for their personal life
• Spend quality time with the new born

Women who qualify for maternity leave can give a written notice to their employer. The notice must have the date from which a woman plans to start their maternity leave and the duration or the date on which they will return to work. Alternatively, women can avail their maternity leave by informing the company’s HR department or using the designated portal (if applicable). Some women prefer to notify their employers via email after applying for maternity leave on the online portal of their company. Female employees can avail maternity leave after informing the employer about their pregnancy or after delivering their baby even if they didn’t inform them earlier.

The maternity leave policy of a company is a legal requirement under the Maternity Benefit Act 1961. It is an essential part of a working woman’s compensation that provides necessary time off for planning their family.

Investing in a comprehensive maternity insurance plan ahead of time can help you plan for a baby and welcome your child with relative ease. A good maternity insurance plan, like SBI Health Insurance for Maternity, can provide financial assistance during one of the most crucial times of your life. It is recommended that you gather more information about maternity insurance before investing in one.

FAQs

What are the criteria for maternity leave eligibility?

Here are some of the criteria for qualifying for maternity leave:

• Minimum 80 working days with the employer in the 12 months preceding your tentative due date.
• Working with an organisation in the private or public sector that has 10 or more employees.

Yes. The employer has to provide paid leaves to eligible female employees who are going on a maternity leave.

No. As of now, the Maternity Benefit Act 1961 does not cover maternity leave for the father.