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What Is Maternity Leave? A Simple Guide for Employees & Employers

Maternity Leave

For years, past and recent, women have successfully juggled work and their responsibilities at home. The ladies have always been handling and maintaining a successful balance between their duties as a daughter, sister, wife, daughter-in-law, mother, etc. 

She is expected to handle everything with grace and be efficient enough to deliver all her responsibilities on time. However, when a woman is on the journey of becoming a new mother or becoming a mother once again, her body goes through a lot of changes physically, emotionally and internally too. 

These changes happen over a certain period of time pre- and post-delivery of the baby.  To help the new mothers and the mothers who are becoming mothers again, various laws and rights help them enjoy this period without stressing about anything. In this blog, we will know about what Maternity Leave is and how the laws and rights have helped them in handling their newborns and their office work simultaneously. 

What Is Maternity Leave?

Maternity Leave is a term which is more than just a workplace policy. It is a crucial support system that gives credit to the physical, mental and emotional journey of Motherhood. As a woman goes through this new phase of embracing motherhood, along with handling and juggling between office work and home responsibilities, it gets difficult for them to give their 100% in every field. 

Therefore, maternity leave makes sure that the new mothers have ample time and space to heal themselves, bond with their newborn babies, and adjust to the new responsibilities without them being worried about their professional careers. In today’s fast-moving world and continuously evolving work culture, it is very important for employers and employees to understand the significance of becoming a mother, the duration, and the legal rights of a woman regarding maternity leave. Scroll down to read a more detailed explanation of the components and inclusions in Maternity Leave.

  • Purpose: 

Maternity Leave is granted to new mothers and women who are becoming mothers once again to take care of their health and the well-being of the newborn child without fearing or stressing about their professional career and returning to the office immediately after giving birth.

  • Eligibility:

In India, all the female employees who are working, irrespective of the fact whether they are working in a public or private sector, are eligible for maternity leave.

  • Duration:

The standard duration of the maternity leave in India is 26 weeks (6 months) for the first and the second child, with 8 weeks leave before the date of delivery. For the third or subsequent child, the maternity leave is approved for 12 weeks (3 months) only. 

  • Adoption and Commissioning:

In case the woman and her spouse are going for an adoption, then she is also entitled to a 12-week paid leave right from the day the child is handed over to them. This helps the new mothers who have adopted kids to bond and take care of the child.

  • Miscarriage: 

In case the to-be mother suffers a miscarriage or goes through this process for various reasons, then the woman is allowed a 6-week leave, which is also subject to providing the employer a medical proof.

  • Employer Obligations:

The employers in India are legally bound to provide the eligible employees with maternity leave and its benefits. Failure to provide the eligible employees with maternity leaves and their benefits, the company and the employer can result in legal actions and consequences, which can result in imprisonment and penalties.

  • Benefits:

Apart from the benefits of the Maternity Leave, some employers also provide their employees additional benefits like a flexible return to work option or work location, and they also provide the employee with on-site childcare facilities.

Understanding Maternity Leave in India

In India, the Maternity Benefit Act of 1961, which was amended in the year of 2017, provides comprehensive maternity leave benefits for working women. The women who are eligible for this leave are allowed a 26-week paid leave at their workplace, which is dependent on the employee’s choice whether she needs it before her delivery or after the delivery of the child. 

The woman can take 8 break before the delivery date of the newborn. For the woman who is expecting a third child or a subsequent child, are allowed for a 112-week maternity leave is allowed. The women who are becoming mothers through adoption or surrogacy are also entitled to these benefits,  and also include the provisions of having from home setup and creche facilities.

The key aspects of Maternity Leave in India are as follows:

  • Eligibility:

All the women staff working in any establishment or MNC which is covered by the Maternity Act, 1961, are eligible for the benefits that come under this act. This also includes the organised and the unorganised sectors.

  • Leave Duration:

The duration that is approved under this act is 26 weeks (which is approximately 6 months), and this period is for the birth of the first two children only. Women who are expecting their third or subsequent child are allowed a 12-week (approximately 3 months) leave.

  • Prenatal and Postnatal Leave:

A woman who is expecting a baby can take an 8-week leave before her due date to deliver the baby, and then the rest of the weeks after the delivery of the baby.

  • Adoption and Commissioning Women:

Adoptive parents, especially the mother or the woman who is becoming a mother through surrogacy, and the lady who has agreed to be a surrogate for the other woman, are also entitled to a 12-week paid maternity leave in India from the date the child is handed over.

  • Payment During Leave:

The employer or the company are obligated to pay the woman or the female employee who is on maternity leave her full salary.

  • Other Benefits:

Work from Home: After the maternity leave period, the woman can have a word with her manager or immediate superior boss and request a work-from-home facility, depending on the nature of the job and the negotiations with the bosses.

Creche Facilities: The companies or the MNCs, or even the small startups that have 50 or more 50 employees under their payroll, are supposed to have a creche facility for their employees’ children’s well-being.

Protection against Dismissal: the employers and the company can not dismiss the female employees who are on maternity leave and nor can they change any of her terms of employment to her disadvantage.

Medical Bonus: All the eligible women have a right to a medical bonus of Rs. 3500 or Rs. 1000. This is also possible only if their employers do not provide them with prenatal and postnatal care.

  • Miscarriage:

In case of miscarriage or medical termination of pregnancy, the female employees who have gone through this procedure are entitled to a 6-week paid leave, subject to providing medical proof.

  • Legal Framework:

The Maternity Benefit Act, 1961, is the basis of the legal framework for maternity leave in India, which ensures that women who are expecting a baby are entitled to receive proper adequate protection and support during pregnancy and childbirth.

Maternity Leave Rules: What the Law Says- Maternity Leave Rules

In India, the Maternity Leave Rules are primarily governed by the Maternity Benefit Act, 1961, which provides an outline of all the benefits that are included in the act, along with the paid leave. The act also puts out a framework for the employer’s responsibilities regarding workplace conditions and benefits, and mandates a certain period of paid leave for eligible women.

The key aspects of the law are as follows:

Duration of Leave: 

  • For the first two children, the woman is allowed a 26-week paid maternity leave in India, which she can take according to her pregnancy conditions, which means she can take the first 8 weeks of leave before the delivery of the baby and the rest weeks after the delivery of the baby.
  • For a third child or subsequent child, the leave that is allowed is 12 weeks.
  • Mothers who are becoming mothers through adoption or surrogacy are allowed a total of 6 weeks of paid leave from the date the child is handed over to the parents.

Eligibility:

  • To be eligible for the maternity benefits, a woman should be working with the employer for at least 80 days in a 12-month which precedes her expected delivery due date.

Employer Responsibilities:

  • Payment: The employers are required to pay the female employee her rightful salary even when she is on maternity leave.
  • No Dismissal: The employer cannot terminate or change any terms of employment in the absence of the female employee on the grounds of her pregnancy, which will disadvantage her.
  • Creche Facilities: The companies or establishments with 50 or more employees are expected to provide their female working employees with creche facilities.
  • Nursing Breaks: The employers are expected and required to provide nursing breaks to the female employees who have just returned from their maternity leaves to support breastfeeding.

Penalties for Non-Compliance:

  • Failure to follow the Maternity Benefit Act by the employer or the company can result in penalties, which can include fines and imprisonment.
  • For instance, if an employer fails to comply with the Maternity Benefit Act in India, then they are subject to pay fines to the female employee who is victimised or even get sentenced to a three-month imprisonment.

Additional Benefits:

  • The act also includes provisions for a medical bonus and other benefits.
  • Some women may also be eligible for a Maternity Bonus under the National Food Security Act, 2013.

Other Leave:

  • In case of Miscarriage or medical termination of the pregnancy, women are entitled to 6 weeks paid leave after they have shared a medical certificate as proof.
  • Child care leaves are also available for female government employees and servants with minor children.

Importance of Documentation:

  • The female employees of the company should have familiarity with the company’s maternity leave rules and policy, and also provide all the required documentation, like medical certificates and reports, to support their leave application.

How Many Days Leave for Maternity?

In India, the standard maternity leave is granted for 26 weeks, which is 182 days, for the first two children by the Maternity Benefit Act, 1961, as amended in 2017. For the third child or subsequent children, it is 12 weeks, which is 84 days.

Below are the mentioned details for the leave approvals under the Maternity Benefit Act.

  • First Two Children:

For the first two children, the woman is allowed a 26-week paid maternity leave and an option to take up to 8 weeks leave before the birth of the child.

  • Third Child and More issues:

The leave period is reduced to 12 weeks.

  • Adoption and Surrogacy:

Mothers who are adopting a child or are going to become mothers through surrogacy are allowed a 112-week paid leave right from the date the child is handed over to them. In case of adoption, the mothers who have adopted a child who is under 3 months are given the benefit of 12 12-week leaves.

  • Medical Termination/Miscarriage/ Tubectomy:

There is an additional month of leave given to female employees who have gone through miscarriage, medical termination of pregnancy or tubectomy operation or any illness after birth, after they have provided the specified medical reports to the employer.

  • Leave can be taken before and after delivery:

The 26 weeks or the 12 weeks for subsequent children can be taken before or after the delivery date. It can also be taken in combination of both pre- and post-birth as per the employee’s preferences.

How to apply for Maternity Leave

To apply for maternity leave, a pregnant female employee in India should first inform their employer in writing, specifying the start and end dates of their leave and also provide the necessary medical proof. Following the company procedures and making sure that the application aligns with the company policies are also important.

Here is a more detailed explanation of the breakdown of how to apply for Maternity Leave:

  1. Inform Your Employer:
  • Formal Notification: 

It is the first step in applying for Maternity Leave. You have to submit a written application to your employer through your HR department or your supervisor.

  • Timing:

It is advisable to inform your employer as early as possible about the Maternity Leave, which is preferably well in advance,e as 6 weeks from your expected date of delivery.

  • Include Details:

Inform your employer and the HR department through your written email request about the start and end dates of the maternity leave you have planned.

  • Medical Proof:

It is necessary for the pregnant employee to get a medical certificate from their concerned doctor stating their expected delivery date.

  1. Follow Company Procedures:
  • Company Portal or HR:

Many MNCs and companies have online portals or specific HR procedures that have to be followed by the Maternity Leave Applicants.

  • Compliance:

Make sure that your application and any documents supporting the application are in alignment with your company’s maternity leave policy.

  • Communication: 

Always make clear and Professional communication with your employer throughout the process for no miscommunications and misunderstandings.

  1. Key Elements of the Application:
  • Subject Line: 

Always make sure to keep the subject line short, sweet and simple. For eg, “Maternity Leave Application”.

  • Formal Greetings:

Always address the application and the mail to the right person or the person’s department.

  • Intention:

Do not complicate the reason behind your need for maternity leave. Just clearly mention the reason behind your wanting to leave due to pregnancy.

  • Expected Delivery Date:

The main thing is to include your due date for delivery of the child and your start and end dates of the maternity leave.

  • Duration of Leave:

Mention the days or weeks, or months that you will need or want to be on maternity leave.

  • Return Date (if known):

If you know or have an idea about the date you will be returning to or joining the office after your maternity leave, then do include it in your written application.

  • Contact Information:

Always provide a contact number in the follow-up application.

  1. Important Considerations:
  • Eligibility: 

Make sure that you meet the eligibility criteria for applying for maternity leave in your organisation as per the Maternity Benefit Act, 1961 and also your company’s policy.

  • Work Arrangements:

If applicable, discuss with clarity about the potential work-from-home options and the other arrangements with your employer.

  • Legal Rights:

Make yourself familiarised with your rights and benefits under the Maternity Benefit Act.

  • Employer’s Obligations:

If you are qualifying all the criteria for eligibility for Maternity Leave, then the employers are required to provide the female employee with maternity benefits, and if they deny them those rights and benefits, then it can have serious legal actions and consequences.

How to Write a Maternity Leave Application?

Writing a Maternity Leave Application letter sounds very formal, but it is the most important step to be taken because these conversations are through the written method, and should be documented with proper proofing. Now let’s know how to write a Maternity Leave Application.

  1. Start with a Friendly yet Professional Greeting:

Always keep the tone professional and warm.

E.g. “Dear [Manager’s Name]” is all you need to start your application.

  1. Get to the Point:

Let them know that you are now officially applying and requesting maternity leave. There is no need to overshare information, just stick to the key info:

  • WHEN DO YOU WANT YOUR LEAVE TO START?
  • HOW LONG WILL YOU BE ON LEAVE?
  • WHEN WILL YOU PLAN TO RETURN AND JOIN THE OFFICE?

You do not have to stress about the fact that you do not have a fixed date figured out yet; you can just mention the timeline and also let them know that you will be confirming the dates sooner.

  1. Outline Your Handover Plan:

Inform your boss about how you think ahead of time, and let them know about:

  • WHAT WILL YOU FINISH BEFORE YOU LEAVE?
  • WHO have you BEEN WORKING WITH TO PREPARE FOR COVERAGE (IF APPLICABLE)?
  • ANY NOTES, GUIDES OR INSTRUCTIONS THAT YOU WILL BE LEAVING BEHIND FOR THE TEAM?
  • IF THERE ARE ANY BIG PROJECTS THAT YOU ARE HELPING TRANSITION BEFORE YOU GO.

Providing this information does not mean that you have to have everything sorted and planned. However b,y just mentioning these details in your leave application, you can just give them a hint that you are proactive and have thought in favour of the company.

  1. Set Clear Boundaries:

Let the office team and your boss know whether you will be checking emails or anything important for the company, or will be completely going offline. If you are willing to check emails and be in contact with the team, then mention the right ways of communication so that it does not interfere with your schedule.

  1. Confirm you are coming back:

Give assurance to your manager and company that you will be joining back after your maternity leave ends and that you are looking forward to coming back soon. Just a line, “I am excited to come back and pick up where I left off”, works greatly for the manager.

  1. End on a positive note:

Lastly, end it with a thank you: “Thanks for the support” or “I appreciate your help making this transition smooth”.

  1. Before you hit Send:

Just by keeping a few final things in mind before you share this news and the leave application request, it will ensure that everything is included in the application and there are no surprises for you and your boss. Below are those things that you should keep in mind before sending the application:

  • Give Early Notice: 

It is always better that your superior gets the news of you being pregnant from you first, instead of someone else. So it is always better that you send in the Maternity Leave Application request at least 15 weeks in advance prior to your delivery due date.

  • Know Your Company’s Policy: 

It is always better to have a good knowledge of your company’s policy well in advance, as this will help you in drafting and adhering to all the documents needed by the company as proof for the leave request. 

  • Tell Your Boss first:

This is an important step before you send the maternity leave application request; you have to give a heads-up to your boss verbally about the leave you are planning, and then send in the application so that it is no surprise for your boss.

  • Check Your Legal Rights:

Apart from the Maternity Leave Benefit Act, 1961, you need to check your maternity rights state-wise too, as you can qualify for a state maternity leave or FMLA (12 weeks of unpaid leave, but job secured). FMLA applies if:

  • uncheckedYou have been working with the employer for 12 months or more.
  • uncheckedYou have worked at least 1250 hours in the past year.
  • uncheckedYour company has 50 or more employees, all within 75 miles.

Sample Maternity Leave Application Letter

1. Formal and Detailed Maternity Leave Application

Subject: Request for Maternity Leave

Dear [Manager’s Name],
I hope this message finds you well. I am writing to formally request maternity leave starting from [Start Date], with my expected return on [Return Date], following the company’s maternity policy. My due date is [Due Date].

To ensure continuity, I have begun coordinating with [Colleague’s Name] for a smooth handover of responsibilities. A detailed transition plan will be submitted shortly.

Please let me know if you need any medical certificates or documents for official processing.

Thank you for your support.
Warm regards,
[Your Name]
[Your Designation]


2. Short and Polite Maternity Leave Request

Subject: Maternity Leave Request

Dear [Manager’s Name],
I am writing to inform you of my pregnancy and request maternity leave from [Start Date] to [End Date]. My due date is [Due Date]. I will ensure that my tasks are managed efficiently before my departure.

Please let me know if you require any formalities from my end.
Sincerely,

 [Your Name]


3. Maternity Leave with Work-from-Home Option Post-Delivery

Subject: Maternity Leave with Flexible Work Arrangement Request

Dear [Manager’s Name],
I would like to apply for maternity leave from [Start Date], with my due date being [Due Date]. I propose to resume work remotely for a limited period post my leave, starting from [Tentative Return Date], depending on my recovery and childcare situation.

Let me know if we can discuss this further and outline a feasible plan.

Thank you for your continued support.
Best regards,
[Your Name]


4. Maternity Leave Application Addressed to HR

Subject: Maternity Leave Application Submission

Dear HR Department,
This is to formally submit my application for maternity leave as per the company’s leave policy. My maternity leave is expected to begin from [Start Date], and I plan to return by [Return Date], depending on my health and doctor’s advice.

I will provide the necessary medical documentation as required. Kindly confirm the approval and inform me of any further steps.

Thank you,
[Your Name]
[Employee ID]


5. Maternity Leave with Extension Possibility Mentioned

Subject: Maternity Leave Application with Extension Clause

Dear [Manager’s Name],
I hope you are well. I would like to request maternity leave from [Start Date] to [End Date], considering my due date is [Due Date]. Depending on the post-delivery situation and medical advice, I may request a short extension, if needed.

I will hand over all project details in advance and remain available via email for any critical inputs.

Appreciate your understanding and support.
Sincerely,

[Your Name]

Maternity Leave Format & Letter Format

A maternity leave application, whether written in a letter format or an email format, should clearly and precisely request leave and also mention the start and end dates. The application should also mention the start and end dates of the maternity leave and how you are planning to hand over your work to your colleague and team. The application should also have attached medical documents proving your claims.

Below are the mentioned Key Elements that are needed to be present in a Maternity Leave Application:

  1. Heading/ Salutation:
  • Under this element, you should include your name and employee ID (if needed) and contact information.
  • Date of the application.
  • Name of the employee, the company name and address.
  • A polite salutation like Dear (Employer’s Name).
  • A clear subject of approximately 5 words (e.g. Application Request for Maternity Leave).
  1. Introduction:
  • Mention that you are requesting maternity leave.
  • Do not forget to mention the timeline of the leave (start date and end date).
  • Just in a few words, explain to them the reason behind you taking this leave, which includes the planned duration of the leave.
  1. Leave Details:
  • As mentioned above, clearly mention the start and the end date of the maternity leave period.
  • Always be sure that you provide your employer with the details that state whether you are taking the full entitled period for the maternity leave or just taking a partial few days off and will take the rest of the period later on when needed.
  1. Work Arrangements:
  • Give an insight into how you are planning for your work to be covered in your absence.
  • Mention the name of the colleague who will be stepping into your role to take over the responsibilities.
  • Also, mention whether you will be completely offline or available for urgent matters.
  1. Conclusions:
  • At the end of the application, make sure that you express gratitude for considering your request.
  • Mention your return likely after the maternity leave is over, and how you will be taking over your responsibilities.
  • The manager needs to know whether you will be available for urgent calls and meetings. So, if you are planning to be available for emergencies, then you should mention the number or the mode of communication through which you will be available.
  1. Complimentary Close:
  • Always use a professional closing like “Sincerely” or “Your’s faithfully”.
  1. Signature:
  • Sign your application letter just above your typed or handwritten name.

The Letter Format you should follow:

Subject: Request for Maternity Leave Application.

Dear [Manager’s Name],

I am writing this email/letter to official request for maternity leave from [Start Date] to [End Date], as per the company policy. My expected delivery date is [Due date]. I am willing to take [number of weeks/ months] of maternity leave to take care of my newborn and myself.

During my absence, [Collegue’s Name] will be responsible to handle and carry out my work commitments for the ongoing tasks. I will also be [available for urgent matters/ completely offline (your choice)]. I have discussed the workload and provided the necessary documentation to [Colleague’s Name].

Thank you for your understanding and consideration. I look forward to your approval. I also intend to join back after my Maternity Leave Period ends.

Sincerely,

[Your Name]

[Your Employee ID]

[Your Department/ Division]

Maternity Leave for Government Employees

The maternity leave for Government Female Employees is the same as the other employees in the private organisations and under the Maternity Benefit Act, 1961. All the exceptions and the leave duration with salary allowance remain the same, but some other benefits are allowed only to the government female employees.

The additional benefits that are allowed for the government female employees are:

  • They get an additional 45 days of leave (irrespective of the no. of children) in case the female government employee undergoes abortion or miscarriage. It is also stated that when she is on leave for these 45 days, she is entitled to receive her full salary.
  • They also have the allowance of being on holiday for 180 days for taking care of their ailing child who should be under the age of 18 years. During these 180 days, too, the female employee is allowed a full paid leave.
  • In case of adoption, the female government employee is eligible for a 180-day leave from the right date of adoption. The child they adopt should be under the age of 1 year old.
  • The female employee is also allowed for a childcare leave. If she is a child who is are minor and the female employee has no earned leave left on her credit, then she may be granted leave by the competent authorities for a maximum of 2 years leave, which is in total 730 days. She is also entitled to get a full salary during these two years of leave. 

Maternity Leave Policy in India for Private Companies

The Maternity Leave Policy for Private Companies in India have to adhere to the Maternity Benefit Act, 1961. In this Maternity Leave Policy for Private Companies in India, the female pregnant employees are entitled to get a 26 week of paid maternity leave for the first two weeks and then a 12 week leave from the third child or the subsequent births. The pregnant woman also has the right to take an 8-week leave before the delivery date. All the other criteria and conditions remain the same under the Maternity Benefit Act, 1961. 

Drafting a Strong Maternity Leave Policy

While drafting a Strong Maternity Leave Policy for the company, there needs to be many things that need to be kept in mind and including the Maternity Benefit Act,1961. To draft a maternity leave policy for the company, keep the following in mind:

  • Create a standard maternity leave policy for your organisation
  • Stay compliant with the laws that support Maternity Leave in India
  • Make sure that you do not leave any room for mistakes and exclusions in case of Maternity Leave.

Maternity Leave Policy Template

  1. Objective: The basic aim of the document is to safeguard the interests of all women employees working at the company. It is a standardised guideline and process for the formal maternity leave in the company, which outlines the rules, regulations, guidelines, benefits, scope and eligibility of the employees entitled to this leave.
  2. Scope: The scope of this Maternity Leave Policy Template is to make the life of female employees who are pregnant or have just given birth easier. This policy specifically applies to female employees only. 
  3. Eligibility: All female employees who are working with the company, irrespective of whether they are full-time employees or part-time employees, are eligible for the company’s maternity leave policy. 
  4. Maternity Leave Policy Salient Features: The company strongly believes that all its women employees have the right to cherish the experience of their pre- and post-maternity phase. Hence, the company offers the benefits of Maternity Leave to them. Below are some of the benefits:
  • Entitlement: The female employees who are pregnant and have worked for over 80 days before 12 months of their delivery date are entitled to receive a full 26 weeks of paid maternity leave (including the public holidays, week offs, etc). Out of which the pregnant employee can take an 8-week off before her delivery date.

The female employees who have more than 2 children are entitled to a 12-week full-paid maternity leave, out of which they get the option of taking the first 6 weeks before their delivery date.

  • Guidelines: It should be mentioned that any pregnant woman applying for Maternity Leave at the company must take the whole entitled period off all at once and not in parts. Once the female employee returns from her maternity leave within or before the applicable maternity leave duration, then the remainder leave stands expired and cannot be availed at any later point in time. 
  • Tenure: The paid maternity leave benefit can only be availed by eligible pregnant women employees twice in the entire tenure of their employment at the company.
  • Application: The woman employee who is applying for maternity leave must inform their immediate bosses one month before their leave and also apply for the same on the company’s HRMS portal. The employee is also expected to attach a medical certificate which states their specified or expected delivery date.
  • Maternity Medical Leave: These medical leaves are availed by women who have undergone tubectomy, miscarriage, medical termination of pregnancy, premature birth of the baby, post-pregnancy issues, etc. The duration of this leave is up to 6 weeks and can be extended on request and with approval from the immediate reportee’s boss and the HR manager.
  • Extension: If the woman has taken the whole entitled period for maternity leave and still wishes to extend the leave period for various reasons, then she should apply for unpaid leave, which can be given and allowed for a total of 2 months and requires prior approval from the seniors.
  • Return to Work After Leave: Once the woman employee returns from her maternity leave to the office, the company should make every effort to restore her original rank and responsibilities. If this is not possible, then at least she should be given an open position that matches her calibre and talents. The company should make every effort to make the transition period of the return-to-work process smooth and streamlined.

Conclusion

The Maternity Benefit Act, 1961, was drafted and implemented to help working women have a perfect balance in their professional and personal lives. Before 2017, the act stated that women who are pregnant and requesting Maternity Leave will get 12 weeks of paid leave irrespective of the number of children she has. 

However after the amendment was done in 2017 in the Maternity Benefit Act, 1961 amended in 2017, the act stated that a pregnant women working in the public or the private sector is entitled to a 26 week fully paid maternity leave in which she can take the first 8 weeks before the delivery of the baby and rest weeks for the post pregnany care of the mother and the child. 

There are many benefits and protection rights given to the female employee which has to be followed by the companies. Inefficiency in following the Maternity Benefit Act, 1961, will result in legal actions and imprisonment of the manager or the company representatives. 

The benefits that are given to the pregnant female employee is that post her return to work, she should get the facilities of creche to take care of the newborn, allow her nursing times to breastfeed the newborn (all these facilities will be provided only when the company she is working in has 50 or more than 50 employees within 75 miles). 

There are some additional benefits to a female government employee who is pregnant or has delivered her baby and needs assistance in taking care of her child. To apply for a Maternity Leave, first you need to draft an application regarding the Maternity Leave and need to include important components like the start and end date, handover of the work responsibilities, availability or the non-availaability for emergencies, etc. Therefore to make this period of embracing motherhood enjoyable and memorable, as a female employee who is expecting a baby, you should now your rights and rules which will beneficial to both the parties.

FAQs

Maternity Leave is a legally protected period of absence granted to female employees before and after childbirth, ensuring time for recovery and bonding with the newborn.
Under Indian law, eligible women can avail 26 weeks of Maternity Leave for the first two children, offering crucial support during and after pregnancy.
No, eligible employees cannot be denied Maternity Leave as per the Maternity Benefit Act, making it a mandatory right for expecting working mothers in India.

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Rajiv Mehta

A management professional with 14 years of experience in strategic planning, operations, and leadership development.

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