Her first question was how many months of maternity leave will her company give her? Second, how much salary will come in the bank account during maternity leave? Here we are telling you what benefits most companies give you during maternity leave and what they do not give?

What are the benefits of maternity leave?

If you are employed, the first question that comes to mind is how many months of maternity leave will be available in India? Second, how much salary will be received during maternity leave? Many women are unaware of how much salary they will get? What is the maximum number of days of leave women will get? For how many children is this benefit available? Maternity leave is applicable from The Maternity Benefits Act 1961 and Maternity Benefit (Revised) Act 2016.

How many months of maternity leave is available?

In India, a maternity leave of six months is available. This six-month leave is given along with the salary. But, do you know which part of the salary is received during maternity leave and which is not?

Do I get full salary during maternity leave?

According to the Maternity Benefits Act, a woman going on maternity leave is entitled to full salary. Section 5 of the Act states that this payment is based on the average daily salary of the woman. Which is decided on the basis of the average salary of three months before the leave. This means that the woman will get full salary including all parts of the salary like basic, house rent allowance (HRA) and other allowances. However, many companies pay only basic pay.

When does a female employee get the benefits of maternity leave?

To avail the benefit of maternity leave, it is mandatory for the woman to work for at least 80 days in her company in the 12 months before delivery. If the woman has joined a new job and does not complete the mandatory 80 days, she will not be eligible for the leave. However, if she starts the job before the second trimester of pregnancy, there is a possibility of completing the eligibility of 80 days.

How much maternity leave is available in which pregnancy?

A woman gets 26 weeks (6 months) of paid leave for the first and second child.

For the third child, this leave is reduced to 12 weeks (3 months).

In case of any complication or problem of the baby, the woman can apply for extra leave with the medical documents.

Discharge in case of miscarriage or other cases

The Act also provides for a mandatory 6-week leave in cases of miscarriage or medical termination. Apart from this, there is a provision to extend the leave for health reasons, but it depends on mutual consent between the employer and the employee.

Leave in adoption cases

If a woman adopts a child below three months of age or is a commissioning mother (through surrogacy), she will be entitled to 12 weeks of maternity leave from the date of handing over the child.

When can you start maternity leave?

A woman can start her maternity leave 8 weeks before her expected date of delivery. She can take the remaining leave after delivery. For women who have two or more children, this period starts 6 weeks earlier. Under the Maternity Act, it is mandatory for institutions with 50 or more employees to provide crèche facilities. This facility is available to all women, whether they work in the government or private sector.

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Under the new policy, female employees of the state government will get 180 days of maternity leave, while male employees will get 15 days of leave. This policy reflects similar provisions already implemented by the central government.

What are the conditions for maternity leave?

An official notification has been issued in this regard, according to which, female state employees who become mothers through surrogacy, called ‘commissioning mothers’, are eligible for 180 days of maternity leave. Any female employee of the state government, who has less than two living children and who becomes a surrogate mother, will be able to take 180 days of leave. Male state employees, or ‘commissioning fathers’, who give birth to a child through surrogacy will be eligible for 15 days of leave. This leave must be taken within six months of the child’s birth and is applicable only then.

The state’s decision is in line with the surrogacy leave provisions of the central government, which were formalised in a notification dated June 18, 2024. The new policy has been widely praised as a very good step towards recognising diverse ways of building families, especially through surrogacy.

What information did the employee welfare department give

A spokesperson for the Odisha employee welfare department said that the inclusion of surrogacy in maternity and paternity leave policies reflects a growing understanding of the diverse ways of becoming a parent. The government’s move ensures that all parents, regardless of the method of having a child, are together during the crucial early months of their child’s life. This policy is expected to provide significant relief to state government employees who become parents through surrogacy.

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Big news for central employees, the government changed the rules of this scheme

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New Delhi. Maternity leave is a right given to working women, which any woman can take in special circumstances. Special circumstances mean that this leave can be taken during pregnancy.

In such a situation, the question arises whether unmarried girls or unmarried women can also avail the benefit of maternity leave in case of pregnancy. What provision has been made in the law regarding this?

Important changes have been made in the Maternity Benefit Bill 2017 under the Labor Law. It has been said that now pregnant women will be given leave of 26 weeks i.e. 6 months instead of 12 weeks i.e. 3 months. Its purpose is to provide adequate opportunity for proper safety and care of mother and child after delivery. The biggest thing is that during this period the woman is given full salary by the company. No deduction of any kind can be made in it.

What are the laws for unmarried women?

Laws have been made equally for married or unmarried women regarding maternity leave as defined under the Labor Law of the Government of India. It does not matter whether the woman is married or unmarried, because this law has been made only for pregnancy or child care. Therefore, unmarried women will also get 26 weeks of maternity leave. There will be no cut in salary during this period.

Be it government or private, uniform law.

The best thing about maternity leave is that whether your company is government or private, there will be no impact on the terms and facilities of the leave. However, this rule will be applicable only to those companies which employ 10 or more employees. If the number of employees is less than this, then it is not included under the definition of company and the rules of labor law will not apply to it.

Different law for more than 2 children:

Keep in mind that maternity law works differently for more than 2 children. Under this, full leave of 26 weeks is given for two children, but after this, only 12 weeks i.e. 3 months maternity leave will be given on the delivery of the third child.

It is necessary to fulfill these conditions

• The employee must have worked for 80 days out of the 12 months preceding delivery. Only then will you be able to get maternity leave.
• Women who adopt a child will also get the right to take maternity leave.
• If a woman gives birth to a child under surrogacy, she can also get maternity leave for 26 weeks from the date of handing over the newborn baby to its parents.

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Sikkim Chief Minister Prem Singh Tamang has announced. Apart from this, there is also a provision to give one month leave to the father of the child. The Chief Minister said that soon the rules regarding this would be changed and this scheme would be implemented in the state. Sikkim government’s decision will benefit thousands of women in the state.

Government employees will get big relief

In the annual meeting of Sikkim State Civil Service Officers’ Association (SCSCOA), Sikkim CM Tamang said that this will help government employees to take better care of their children and family. The Chief Minister said that soon its information will be notified. In the coming weeks, the Sikkim government may issue a notification regarding this.

Made this announcement

CM Tamang said that the government officials are the backbone of the state administration, who contribute significantly to the development of Sikkim and its people. He said that attention is being given to the process of promotion of civil service officers, due to which the number of promotions has increased. Meanwhile, the Chief Minister congratulated all the newly appointed IAS and Sikkim Civil Services (SCS) officers and wished them all the best for their successful careers.

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Till now you must have heard only about the maternity leave given to women employees by government or private companies. This leave is for 26 weeks i.e. about 6 months. But now men who become fathers will also get three months leave and it has been kept in the category of paternity leave.

This initiative started by an Indian company which has been in demand for a long time in India is commendable. Till now there is a provision for men to get such leave in different countries. In India too, there is a demand on this for a long time. Now the country’s company Pfizer India has started this initiative. It is being seen as an example in this industry. On behalf of Pfizer India, it has been announced to implement Paternity Leave Policy for the male employees working here.

Maximum 6 weeks leave at a time

Pfizer India’s management has implemented a 12-week paternity leave policy for male employees. In this policy, a man who becomes a father can take advantage of these holidays anytime within two years from the date of birth of the child. Those applying for paternity leave will be able to get leave for at least two weeks and maximum 6 weeks at a time. That is, you cannot apply for three months leave at one go.

The new policy has been made effective from January 1, 2023 by the company. Apart from the biological dad, the adoptive father will also be able to take advantage of this policy of the company. The employees of the company will also be able to take casual leave, elective leave and wellness leave etc. in case of any other need or problem.

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A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the up to 15 days before, or up to six months from the date of delivery of the child.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.

The paternity leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period such leave shall be treated as lapsed.

NOTE:- The Paternity Leave shall not normally be refused under any circumstances.

Paternity Leave for Child Adoption:-

A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity leave may be combined with leave of any other kind.

The Paternity Leave shall not be debited against the leave account. If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note:- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Source:- CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 4[43-A,5[43-AA.

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The benefits under the Maternity Benefit Act are available to all female employees, who are not covered under the Employees’ State Insurance Act and have worked for a continuous period of 80 days in twelve months immediately preceding the date of her expected delivery.

Maternity benefits act 2017 – This amendment has increased the duration of maternity leave available for women employees from the existing 12 weeks to 26 weeks.

Rs. 3,500 per maternity Current provision of maternity bonus.

A woman shall, on production of such proof as be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.

Women employee should be permitted to visit the crèche 4 times during the day, which includes the regular rest interval .

Penalties for contravention of the act by Employers; Imprisonment which shall not be less than three month, which may extend up to one year and with fine not less than two thousand rupees,  which may extend up to five thousand rupees.

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Earned Leave

This is a paid leave earned by employees during a year and availed in the subsequent year. If the number of earned leave is over, the day is considered as an unpaid leave and the day’s pay is cut from the salary. These leaves can also be en-cashed while leaving the company. The following are number of earned leaves according to laws:x

• Factory workers need to work minimum 240 days in the organization in a year to be eligible for earned leave. Adults get 1 day for every 20 days, and children, below the age of 15, get 1 day for every 15 days work in the previous year.
• Mine workers below the ground can avail 1 day for every 15 days work; and those working above the ground can avail 1 day for every 20 days work.
• Workers in a Bidi or Cigar factory get 1 day leave for every 20 days work in the previous year. If the worker is a child of below age 15, he gets 1 day off for every 15 days of work.
• People working in sales, and newspaper running company (which includes journalists) can avail one month earned leave for every 11 months of work.
• Domestic workers are also eligible for 15 days earned leave in a year.

Casual Leave

This is another paid leave that although not earned, is entitled to employees only if prior permission is granted by the organization. If the employer does not grant permission and the employee nevertheless takes a leave, the day’s pay is cut from the salary. Usually every organization allows a certain number of casual leaves in a year, which is fixed by the company’s administration. Although, there is laws for certain types of workers:

• Sales and newspaper employees (including journalists) are entitled 15 days of casual leave in a year
• Apprentices are entitled annually 12 days casual leave

Sick/Medical Leave

Employers provide sick leaves to employees when they are ailing. Some organizations ask for a medical certificate to grant sick leave. Others don’t deem in necessary. If the employee has used up all his sick leaves, the company uses his earned leaves. Sick leaves can also be carried forward to the next year. The specifications are although determined by the company’s administration. Laws governing sick leaves for different types of employees are:

• Apprentices are entitled for 15 days of sick leave in a year. This can be accumulated to a maximum of 40 days.
• Journalists and Newspaper employees can avail medical leave of one month for every 18 months of work. During the medical leave, the employees are paid half the day’s pay.
• Sales employees are entitled to medical leave similar to that of newspaper employees. They although mandatorily need to show a medical certificate for their absence.

Maternity Leave

Female employees, as per law, are entitled to 3 months or 12 weeks of leave when she is pregnant. During this time, employers will have to pay their female employees normally.

Paternity Leave

Male employees who are soon to become fathers can avail upto 15 days of leave within 6 months of their wife’s date of delivery.
Apart from these, there are others paid, unpaid or half-paid leaves like Study Leave, Bereavement Leave and Leave for Voting. These although are left at the organization’s discretion.

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