What is the Maternity Leave?
Maternity Leave is a job-protected leave granted to women employees to take care of their health and well-being during pregnancy and after childbirth. It is a fundamental right aimed at safeguarding the health of the mother and the newborn while ensuring job security and financial stability for working women.
Key Features of Maternity Leave in India:
Eligibility:
Women who have worked for at least 80 days in the 12 months preceding their expected delivery date are eligible for maternity leave.
Duration:
26 weeks for the first two children:
Up to 8 weeks can be taken before the expected delivery date.
The remaining weeks can be taken after childbirth.
12 weeks for subsequent children.
12 weeks for adoptive mothers and commissioning mothers (surrogacy) if the child is under 3 months of age.
Paid Leave:
Maternity leave is fully paid, with the employee receiving her full salary or wages during the leave period.
Work from Home:
After the maternity leave period, women may have the option to work from home based on mutual agreement with their employer and the nature of their job.
Nursing Breaks:
Upon returning to work, women are entitled to two nursing breaks daily until the child is 15 months old.
Protection Against Termination:
Women cannot be terminated or dismissed during maternity leave. It is also unlawful to reduce their salary or deny them benefits during this period.
Medical Bonus:
If the employer does not provide pre- or postnatal care, a medical bonus is to be paid to the employee as specified by the government.
Applicability:
Maternity leave is applicable in organizations with 10 or more employees under the Maternity Benefit Act, 1961
Objective of Maternity Leave:
To ensure the physical and mental health of the mother and child.
To enable mothers to bond with their newborns without financial or job-related stress.
To promote a supportive work environment for women.
Maternity leave policies may vary across countries, but they universally aim to empower women to balance their professional and personal lives effectively during this crucial phase.