Paid maternity leave is more than just a legal requirement in many countries—it’s the cornerstone of workplace equity. By providing maternity leave, employers help safeguard the health and well-being of new mothers, allowing them to focus on their families and take control of their professional and personal lives.
In this guide, we’ll explore the policies, rules, and benefits of providing maternity leave, highlighting how employers can foster a supportive workplace for working mothers when hiring talent in India.
Understanding maternity policy in India
Maternity leave is a fundamental right for women working in India. It ensures that they have the time and support to navigate the life-changing experience of becoming a parent. For employers, a generous maternity leave policy demonstrates a commitment to inclusivity and equity, which can contribute to higher employee satisfaction and retention.
However, there are challenges surrounding maternity leave in India. Many employees remain unaware of their rights, and some workplaces struggle with consistent implementation due to a lack of resources or clarity. Societal expectations also play a role, often influencing how maternity leave is perceived and supported within multinational organizations.
Addressing these issues is essential to ensure that maternity leave benefits employees and employers.
The legal framework of maternity leave in India
India’s labor laws have evolved significantly in recent years. The Maternity Benefit Act of 1961 and its amendment, the Maternity Benefit Act of 2017, protect the health and rights of mothers while ensuring employers fulfill their responsibilities to create supportive working environments.
Maternity Benefit Act of 1961
The Maternity Benefit Act of 1961 was groundbreaking legislation to protect women’s rights during pregnancy and early motherhood. This Act introduced several key points, including 12 weeks of paid maternity leave to help women recover and care for their newborns. It also established that maternity leave should be a right, not a privilege, ensuring that no woman would have her coverage denied.
The Act applied to organizations with 10 or more employees covering private and public sectors. Employers were mandated to pay full wages during the leave period and could not terminate employment due to pregnancy.
Maternity Benefit Act of 2017
The Maternity Benefit Act was amended in 2017 to better support working mothers and align with global labor standards. It increased paid maternity leave to 26 weeks for first-time and second-time mothers, while continuing to offer 12 weeks for the third child and beyond. This policy ensures extended support for early motherhood while maintaining benefits for larger families.
The amendment also introduced several progressive measures:
- Adoptive and surrogate mothers: Women adopting a child under three months or those becoming mothers through surrogacy are entitled to 12 weeks of leave.
- Crèche facilities: A crèche facility offers child services similar to a daycare. Employers with 50 or more employees must provide a crèche facility, and mothers are allowed up to four daily visits.
- Work-from-home provisions: After maternity leave, new mothers can negotiate work-from-home arrangements based on the nature of their job and mutual agreement with their employer.
The provisions of maternity leave in India include the following:
- Applicability: The Maternity Benefit Act applies to establishments with 10 or more employees, ensuring that a wide range of working women are eligible.
- Payment: Women are entitled to their full salary during maternity leave, providing financial security and stability at a critical time.
- Job security: Employers cannot terminate a woman’s employment during maternity leave. After leave, the woman must be reinstated to the same or an equivalent position.
- Medical benefits: The framework includes prenatal and postpartum coverage, ensuring access to healthcare services for mothers and their children.
- Documentation and compliance: Employers are required to maintain proper documentation of hiring and paying employees in India. Companies can implement maternity leave policies lawfully and efficiently if all records are consistently updated.
Eligibility for maternity leave in India
The eligibility criteria of India’s Maternity Benefits Act ensures that Indian women who meet specific requirements are supported. These criteria recognize women’s time, effort, and contributions to the workforce while providing equitable access to benefits.
- Minimum length of employment: To qualify for maternity leave, an employee must have worked for the same employer for at least 80 days in the 12 months preceding their expected delivery date. This amount of time ensures a baseline commitment to the organization.
- Inclusivity: The eligibility criteria extend beyond biological mothers. Adoptive mothers of children under three months old receive 12 weeks of leave from the date the child is handed over, while commissioning mothers (those using a surrogate) also receive 12 weeks from the date they assume care. Women recovering from a miscarriage are granted six weeks of paid leave to support their recovery.
- Verification and documentation: Employees may need to provide necessary paperwork, such as medical certificates, to verify their eligibility. This maintains transparency and helps employers implement maternity leave benefits smoothly.
- Adherence to legal guidelines: All employers must comply with the Maternity Benefit Act and grant all eligible employees leave in accordance with the law.
Transparent communication is vital. Both employers and employees must collaborate to navigate the maternity absence process effectively. Employers should provide clear instructions to their staff about eligibility, while expectant mothers should be proactive about asserting their rights.
4 maternity leave rules in India
When strategizing your maternity leave program in India, keep these four rules in mind:
1. Employer compliance
Employers are legally required to comply with the Maternity Benefit Act. This includes providing clear policies, adhering to timelines, and maintaining a supportive environment. Non-compliance can lead to penalties, making it critical for businesses to prioritize awareness and implementation.
2. Timing of leave
Maternity leave can begin before or after the delivery date, depending on the employee’s health and personal needs. Typically, workers can allocate a portion of their leave for prenatal care while reserving the remainder for postnatal recovery and bonding. This flexibility helps team members plan their leave effectively.
3. Medical certificates
To qualify for leave, biological mothers must submit a medical certificate from a registered practitioner confirming their pregnancy. This documentation substantiates the need for leave and helps employers process the leave request efficiently. Additional certificates may be required for extended absence due to complications, medical needs, or if the expectant mother is adopting a child.
4. Proper documentation
Employees and employers must communicate effectively and consistently to manage maternity leave. Workers should formally notify their employer of their intent to take maternity leave, typically through written communication or a designated form. Employers, in turn, should ensure their documentation processes are straightforward and accessible. 6 benefits of maternity leave days in IndiaIndia’s maternity leave offers a comprehensive set of benefits, including the following:
1. Paid leave: Maternity leave provides full wages to employees, helping women maintain financial stability in the postpartum period without worrying about wage loss.
2. Job security: Employees are guaranteed their original or equivalent role, ensuring career continuity and protecting against dismissal or discrimination due to pregnancy.
3. Health and recovery: The leave period gives mothers the necessary time to recover from childbirth and manage postnatal health concerns. Employers often extend additional support through healthcare benefits, including pre- and postpartum care.
4. Work-life balance: Maternity leave helps mothers manage the demands of their personal and professional lives, offering time to bond with their children and transition back into the workforce.
5. Access to a healthy work environment: Complying with maternity leave regulations helps organizations build a more inclusive workplace. Provisions like daycare and nursing breaks further support new mothers.
6. Flexible work arrangements: Post-maternity leave, employees may wish to transition to more flexible work options, including reduced hours or moving to a remote/hybrid setup.
Ensure maternity leave compliance with Oyster
Navigating India’s maternity leave laws doesn’t have to be a challenge. Adhering to the Maternity Benefit Act allows businesses to meet their legal obligations when hiring in India.
Oyster simplifies this process, providing the tools and expertise to manage compliance effectively. From understanding eligibility requirements to handling payroll and statutory benefits, Oyster’s all-in-one Employer of Record solution helps businesses attract, hire, and retain top talent while ensuring compliance with local regulations in more than 180 countries, including India.
About Oyster
Oyster is a global employment platform designed to enable visionary HR leaders to find, engage, pay, manage, develop, and take care of a thriving distributed workforce. Oyster lets growing companies give valued international team members the experience they deserve, without the usual headaches and expense.
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