Maternity leave is essential for working women in India to support their physical and emotional needs during pregnancy and post-delivery. Labour laws in India provide various benefits and rules for maternity and parental leave. Let us delve deeper into the rules, eligibility criteria, and benefits of maternity leave in India.
What is maternity leave Policy in India?
Maternity leave in India is a legally mandated, long-term paid leave designed to support pregnant employees. Employers are obligated to provide this leave to eligible female employees, both before and after childbirth. The standard duration of maternity leave is 26 weeks for the first two children, with up to 8 weeks permissible before the delivery. For a third or subsequent child, the leave entitlement is 12 weeks. Adopting mothers are also eligible for 12 weeks of leave, beginning from the day the child is handed over. In the event of a miscarriage or medical termination of pregnancy, a female employee can avail 6 weeks of leave, provided they have medical proof. Additionally, employers have the discretion to grant further paid leave based on the health and specific needs of the mother and baby. It's crucial to note that denying maternity benefits is a serious legal offense, and employers who fail to comply can face severe penalties, including imprisonment.
Here's a breakdown in pointers:
- Legal Mandate: Paid maternity leave is a legal right for pregnant employees in India.
- Duration (First Two Children): 26 weeks, with up to 8 weeks pre-delivery.
- Duration (Third/Subsequent Child): 12 weeks.
- Adoption Leave: 12 weeks, starting upon child's handover.
- Miscarriage/Medical Termination: 6 weeks, with medical proof required.
- Additional Leave: Possible, based on medical needs.
- Legal Consequences: Denial of benefits can lead to imprisonment for employers.