Maternity benefits | Maternity leaves | Maternity Act

  • Act applies to all shops and establishments with 10 or more employees
  • Those women who add factories with 10 or more workers are given maternity benefits as available under the Employees’ State Insurance Act, 1948
  • In order to protect the rights of woman employees during pregnancy and after childbirth
  • Indian law marks it mandatory for most establishments to offer maternity benefits to women employees
  • Maternity benefit in India is especially governed by the Maternity Benefit Act, 1961

Wages and leaves

In 2017, the law was revised to cover the period to 26 weeks. Out of the 26 weeks, up to eight weeks are often claimed before delivery www.hrignite.in

  • However, you need not arrangement your leaves in this way—you can instead take the entire 26 weeks of leave after the delivery. Also, these are maximum periods of claim and you can claim the benefit for a lesser period as well
  • the woman needs to have worked for the employer for at least 80 days in the 12 months previous the date of her expected delivery
  • If the lady has quite two surviving children, the maternity benefit is for 12 weeks only
  • The law was also amended to increase maternity benefits to ordering and adoptive mothers who are now allowed to 12 weeks of leave from the date the mother receives the kid
  • Women suffering a tubectomy operation (a medical procedure to stop future pregnancies) also get a paid leave of two weeks next the operation
  • In case of miscarriage or medical conclusion of pregnancy, the law permits women six weeks’ leave after the procedure
  • In case of an illness later delivery, miscarriage, medical conclusion of pregnancy or tubectomy, a lady can claim a leave with wages for an extra period of 1 month, with the permission given by certified doctor

www.hrignite.in Other benefits

  1. The law also permits employers to permit women employees to work from home in addition to the maternity benefit period if the environment of work allows that
  2. The law was further amended in 2017 to make it mandatory for establishments with more than 50 workers to establish crèches
  3. Mothers are entitled to visit the crèches up to four times a day and to two nursing breaks per day in addition to any other breaks that are offered as a matter of course, until the child attains the age of 15 months
  4. Remember that owners are mandatory to notify women in writing and electronically about the maternity benefits available under the Maternity Benefit influence their joining the workforce
  5. It is main for them to know the welfares they can avail of and the rights under the law. We take you thru the maternity benefits available to women and therefore the rights they will claim to

Rules for Employerwww.hrignite.in

  • An employer cannot fire a lady for taking maternity leave and can’t serve a termination notice to a lady on maternity leave which expires before the maternity leave ends
  • Also, an employer can’t change the terms of service to the woman’s difficulty during her maternity leave
  • Further, maternity benefit and medical bonus will have to be paid to a woman who is cleared or discharged during pregnancy unless it is for gross misbehavior.


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