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What is Maternity Leave? A Complete Guide

Maternity Leave

Welcoming a new born is one of the most precious milestones in life-with all important planning, especially if one is working. Maternity leave is a period of time off from work that a woman is legally entitled to take before and after childbirth. It is much more than just a simple leave. It is critical for supporting health, recovery, bonding, and care for the mother and child.

Understanding Maternity Leave

It is meant to grant pregnant ladies the opportunity of resting before childbirth and then recovering and bonding with their newborn. It minimizes stress, postnatal problems, and ensures a smooth working condition for a mother. Most countries have legal provisions to enforce the enactment of time off being granted and that mothers are not discriminated against in terms of their careers because of it.

Maternity Leave Policy in India

Maternity Leave

Maternity benefit in India is governed by the Maternity Benefit Act, 1961. In 2017, this law was amended so as to extend greater protection to working women. Under this Act, women employees shall be entitled to maternity leave with pay for a period of 26 weeks, where the number of children born to her is less than two. For children beyond two, only 12 weeks of leave is allowed. The said law shall apply to establishments with 10 or more employees.

How Long Is Maternity Leave?

How many days should be granted, as per law? An Indian maternity law provides that an expectant mother is entitled to a maximum period of maternity leave of twenty-six weeks (182 days), fully remunerated, provided she has been employed in any establishment or industry for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery. Out of these twenty-six weeks, a maximum of eight weeks can be kept before the expected date of delivery. The rest of it is to be availed after the birth of the child. Though, any leave beyond this period if at all ever allowed would be unpaid leave on medical grounds, should poor health arise.

Procedure for Availing of Maternity Leave

Generally, it is good to first look at the HR Policy of one’s company when unsure of how to go about applying for maternity leave. As a rule, the employee has to notify the employer in writing at least eight weeks before the due date, together with a certificate or letter from the attending gynecologist. Also, most companies require that maternity leave applications be submitted either through the HR software interface or by email, depending on the internal.

Format of a Maternity Leave Letter

While carrying out different steps for requesting maternity leave, the use of a clear format goes a long way to an easy and professional process. A basic format should contain: your name, employee ID, position, expected date of delivery, leave period (start to end date), and a request for approval. It is essential to attach other necessary certificates such as medical certificates or doctor’s letters when submitting the application. It is courteous and professional to finish off with your contact details for the duration of the leave and a polite thank you for consideration of your application.

Maternity Leave for Government Employees

Slightly more structured rules are prescribed in the case of maternity leave for government employees. A woman government employee in India is entitled to paid maternity leave of about 180 days (around 6 months). Such benefits can be availed for up to two living children. Both central and state government offices follow the said policies, and extensions in leave or additional leave for child care may also be granted in cases of special circumstances.

Maternity Leave Policy in India for Private Companies

Maternity leave policies for private sector companies do differ, though the bare minimum 26 weeks of maternity leave prescribed by law remains constant. To include some offers for flexibility in working hours, extended unpaid leave, working from home options, or perhaps even support programs such as counseling facilities or childcare, are characteristic of some progressive companies. Please refer to the employee handbook to find the correct entitlement and other additional benefits from your company. 

Conclusion

Maternity leave must be considered an essential right of every working woman for obtaining better health outcomes, family well-being, professional work-life balance, and so on. Again whatever may be brought into this family-whether it is the first child or further addition-their knowledge of rights and of duties might make life easier. 

Read our full detailed blog: What Is Maternity Leave? A Simple Guide for Employees & Employers

FAQs

Maternity leave is a period of authorized absence from work granted to a woman before and after childbirth, ensuring time for recovery and care of the newborn.
As per the Maternity Benefit Act, 2017, eligible women in India are entitled to 26 weeks of paid maternity leave for the first two children.
Female employees working in establishments with 10 or more employees, and who have worked at least 80 days in the past 12 months, are eligible.

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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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