Maternity Leave Policy in India

 

Although a woman and her unborn child bond during the sacred period of pregnancy, this goes much beyond that. Every new mother wants to treasure the experience of going from being pregnant to becoming a mother.

But what about soon-to-be mothers who are looking forward to starting their motherhood journey and are employed? Our Indian culture is deeply established with regard to the assistance that Indian moms receive both before and after they have a child. Thus, it becomes reasonable to place the same emphasis on parenting at work. Only the Maternity Benefit Act, approved by the Indian government, makes it possible for expecting women to prioritize their families and take time off from work in the form of maternity leave.

Working women can make use of maternity leave, which is time off from work that is sanctioned before and/or after childbirth. The laws governing maternity leave in India are outlined in the Maternity Benefit Act of 1961. Women who meet the requirements for maternity leave and who work for accredited organizations or factories may apply for up to six months of leave under this Maternity Act. Maternity leaves can be taken by female employees before or after childbirth. Their maternity leave may extend into the time before and following delivery. The woman's employer is required to pay her the total amount of her wages during this absence.

Employers may offer additional maternity leave to their female employees in addition to India's statutory maternity leave laws. To secure and defend the interests of their female employees, the Maternity Benefit Act has undergone numerous updates. This Act, which was most recently revised in 2017, covers remote or hybrid employment types in addition to giving new moms more paid time off.

The Maternity Benefit Act in India assists mothers both before and after childbirth. It ensures and defends their livelihood and interests, enables them to care for their infants while taking care of themselves, and

The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfills this requirement, then she can utilize this mandated maternity leave and any further leave or benefits that her employer provides her. 

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfill the criteria that determine the categories of motherhood in India. Commissioning, or surrogate mothers, are also entitled to up to 26 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents. 

• Pregnant women 

• Women adopting a child 

• Women who experience a miscarriage 

• Surrogate or commissioning mothers