4 Things You Must Know About Maternity Leave Policy in India

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Maternity leave policy in India is a crucial aspect of labor legislation designed to protect the rights and well-being of expectant mothers in the workforce. As of my last knowledge update in September 2021, India's Maternity Benefit Act of 1961 allows women up to 26 weeks of paid maternity leave, making it one of the most progressive policies globally. During this period, female employees receive full wages, ensuring financial stability during childbirth and early motherhood. Additionally, the law mandates a 12-week leave for adoptive mothers and offers provisions for nursing breaks and creche facilities. Overall, India's maternity leave policy plays a pivotal role in promoting gender equality and supporting women's work-life balance.

Family Advocate

Answering the following questions can enhance your knowledge about maternity leave policy in India. You can do well to consult top family lawyers in India for reliable answers:

What are the rules for maternity leave in 2023?

In 2023, the following changes were made in the maternity leave policy in India:

  • The period of leave was increased from 12 weeks to 26 weeks for female employees
  • The period of pre-natal leave was increased from 6 weeks to 8 weeks
  • A to-be mother who already has 2 children and is applying for maternity leave for her 3rd child, or more is eligible for 12 weeks of maternity leave.
  • If a woman adopts a child under 3 months, then she is eligible for maternity leave of 12 weeks.
  • Surrogate mothers are entitled to 12 weeks of maternity leave. The leave would start from the day the newborn is handed over to the adoptive parents.

Is maternity leave increased to 9 months?

Usually, maternity leave in India is available for a period of 12 weeks to 26 weeks.

What is the procedure for availing maternity leave?

The following steps can help you to complete the formalities when you apply for the maternity leave:

  • Inform your employer as early as possible, mentioning the information about your pregnancy. Tell him the expected date of delivery too!
  • Ask for and check the leave policy your organization allows. It can bring you all the necessary information about the leave.
  • Submit the medical documents with the doctor’s prescription along with a medical certificate stating your pregnancy.
  • Fill up the form that your company asks you to fill.
  • Submit the leave application form with all the prescribed documents. Submit the same to the HR desk of your office.
  • Plan for coverage in consultation with the manager of the office.

Do you get maternity leave in India?

Certainly! The employees in both private and public sector organizations get maternity leave. The nature and facilities of the leave often vary.

If you still have queries about the maternity leave policy in India, you should collaborate with an expert labor lawyer or corporate lawyer in Kolkata. They are available with the leading law firms in India. They can bring you the best information.

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