Motherhood is a life-changing experience, and for working women, maternity leave is a crucial support system. Understanding how maternity leave works, including the salary and benefits offered during this period, is essential. Let’s break down everything working women in India need to know about maternity leave, based on the Maternity Benefits Act, 1961 and its 2016 amendment.
How Many Months of Maternity Leave Do Women Get in India?
In India, the Maternity Benefits Act mandates that women are entitled to 26 weeks (6 months) of paid maternity leave for the first and second child. For the third child and beyond, the leave is reduced to 12 weeks (3 months).
Additional Leave Options:
- Medical Issues or Complications: Women can request additional leave if supported by medical documents.
- Abortion or Miscarriage: The Act provides for 6 weeks of leave in such cases.
Who is Eligible for Maternity Leave?
To qualify for maternity leave:
- A woman must have worked for at least 80 days in the 12 months preceding the expected delivery date.
- For women who start a job during pregnancy, completing 80 days is crucial, but starting work before the second trimester increases the chances of meeting the criteria.
How is Salary Paid During Maternity Leave?
During maternity leave, women are entitled to their full salary, as per Section 5 of the Act. The salary includes:
- Basic Pay
- House Rent Allowance (HRA)
- Other Allowances
The payment is calculated based on the average daily wage for the three months preceding the leave. While most companies comply with this, some only offer basic pay.
Salary Breakdown for Maternity Leave
- Full Salary: Includes all components like basic, HRA, and allowances.
- Basic Pay Only: Some companies may restrict payment to the basic component of the salary.
Women should clarify their company’s maternity leave policy in advance to understand what portion of their salary they will receive.
When Can Women Start Maternity Leave?
Women can begin maternity leave 8 weeks before the expected delivery date. The remaining leave can be taken after childbirth.
For women having their third child or more, the leave period starts 6 weeks before the expected delivery date.
Special Provisions for Maternity Leave
1. Adoption and Surrogacy
- Women adopting a child under 3 months old or those who are commissioning mothers through surrogacy are eligible for 12 weeks of leave from the date the child is handed over.
2. Abortion or Medical Termination
- In case of an abortion or miscarriage, women are entitled to 6 weeks of paid leave.
3. Crèche Facility
- Companies with 50 or more employees must provide crèche facilities. This benefit applies to women in both government and private sectors.
What Are the Benefits of Maternity Leave?
- Financial Security: Full salary ensures women are financially supported during this critical time.
- Work-Life Balance: A six-month leave helps new mothers recover and spend quality time with their newborns.
- Job Protection: Employers cannot terminate a woman’s employment during maternity leave.
- Crèche Access: Women can continue working post-maternity with the help of crèche facilities provided by companies.
Things Women Should Know About Maternity Leave
- Employment Type Matters: Only women in regular employment are covered under the Maternity Benefits Act. Freelancers and self-employed individuals are not eligible.
- Employer Compliance: It is mandatory for employers to adhere to the Act. Women can file a complaint if denied their rights.
- Additional Leave Requests: Women can negotiate extended leave based on health or personal reasons, though it depends on employer discretion.
How to Plan for Maternity Leave
- Discuss with HR: Understand your company’s maternity leave policy, including salary details and additional support.
- Check Eligibility: Ensure you meet the 80-day employment requirement if you are newly hired.
- Plan Finances: Knowing your salary structure during leave helps in financial planning.
- Know Your Rights: Familiarize yourself with the Maternity Benefits Act to avoid any disputes.
Global Comparison: Maternity Leave in India vs. Other Countries
India’s 26-week maternity leave is among the longest globally. Here’s how it compares to other countries:
- UK: Up to 52 weeks, but only 39 weeks are paid.
- USA: No mandatory paid leave; leave varies by employer.
- Australia: 18 weeks of paid leave.
- Sweden: Up to 480 days shared between parents, with most of it paid.
India’s progressive maternity leave policy highlights the importance of supporting women during and after pregnancy.
By understanding the maternity leave rules and benefits, women can better plan their journey into motherhood without compromising their career or financial stability.
