Introduction of Maternity Leave
Pregnancy Leave for expectant women is an essential provision to workers; expecting workers are in a position to take time to understand a lot of issues related to childbirth, health, productivity and childcare. This essential policy is advantageous to the health and well-being of children and mothers as well as women's rights to employment.
Maternity leave in India is discussed here, such as its duration, income, legal requirements, and application process, to keep working women healthy during this crucial period.
Maternity leave duration in India
The 2017 Indian law extended the final delivery date. This is especially helpful for working moms. Delivery time varies based on the workplace and the setting.
For Women in the Organized Sector: The women are provided 26 weeks (6.5 months) of maternity leave for the second child and first birth.
For the Third Child and onwards Maternity leave is cut down to 12 weeks (3 months).
For Women Adopting a Child: A woman legally adopting a child under the age of three months can avail 12 weeks' maternity leave from the date of adoption.
For Surrogate Mothers: Commissioning mothers (those who opt for surrogacy) are entitled to 12 weeks of maternity leave from the day of child surrender.
For Women Workers in the Unorganized Sector: Entitlement is employer benefit and partly government scheme-based.
These benefits are designed to help working women by providing them with sufficient time to recover from childbirth and take care of the infant.
Salary Entitlement During Maternity Leave
Salary implications on maternity leave are one of the most urgent concerns for expecting mothers. This is how Indian legislation grants income entitlement on maternity leave:
During the period of maternity leave, the concerned women are to be paid full pay at the previously drawn wage scale.
The employer shall grant maternity benefits
Women employees under the Employees' State Insurance (ESI) Act receive maternity benefits from the ESI and not from the employer. They receive their average daily wage for 100% amount for 26 weeks, provided they must have been contributing to the ESI fund for a period not less than 80 days in the immediate 12 months before the date on which they take leave.
If gynaecological and childbirth benefits are not proven by the employer, the employment bureau can lodge a complaint with the Minister or obtain legal counsel.
Protection against Layoff: Termination of a woman due to pregnancy or maternity leave is not allowed on the part of an employer.
Right to Telecommuting Work: The 2017 amendment makes work-from-home a right that can be claimed by a woman following maternity leave if it is possible to do from home.
Crèche Facility: Companies having 50 or more employees need to have a crèche facility for working women so that they can look after their children during work.
Prohibition of Hard Labor: Pregnant workers must be barred from doing physically demanding and dangerous work.
Maternity Leave of Private vs. Government Employees
Maternity leave policy varies for government and private employees:
Government servants: Women central and state government servants are given maternity leave of 6 months with or without pay on the birth of their second or first child. Women government staff personnel are also provided additional childcare leave of 730 days (2 years) until the child reaches the age of 18 years.
Private Sector Workers: The leave policy varies with each company. Firms with over 10 workers, however, are covered by the Maternity Benefit Act, which mandates a minimum of 26 weeks of paid leave.
Employers are legally obligated to adhere to maternity leave regulations and promote a healthy work environment. Their duties are:
- Granting maternity leave on a reasonable and fair basis.
- Payment of wages on time while on leave.
- Providing a crèche facility if the company has 50 or more employees.
- Providing work-from-home facilities if the employee is willing to do so.
- Not demoting or firing an employee on the grounds of pregnancy or maternity leave.
Offences under maternity leave acts have legal consequences, including legal action, penalties, and bad publicity for companies.
How to Apply for Maternity Leave
Application for maternity leave needs to be done with the requisite documentation and notice to the employer. Do the following:
Check Company Policy: Check company policy on maternity leave to ascertain specific requirements.
Notify HR & Manager: Give a minimum two-month notice to your employer in anticipation of your probable due date.
File a Written Maternity Leave Application: Provide information such as expected date of delivery, number of days off, and plan to return to work.
Attach Medical Certificate: Provide a medical certificate stating pregnancy and the due date.
Follow-Up for Approval: Approve and process the leave application by HR without any delay.
Benefits Other Than Maternity Leave (ESI, Childcare Leave, etc.)
Indian working mothers have the following benefits apart from maternity leave:
Employee State Insurance (ESI) Benefits: Women who get ₹21,000 per month or less and are registered under ESI are entitled to maternity benefits on payment.
Childcare Leave for Government Servants: Government female servants can avail 730 days (2 years) of childcare leave on half pay until the child turns 18 years old.
Common Problems & Solutions for Working Mothers
Workplace Discrimination: Women are frequently discriminated against when they go back to work after delivery, and this calls for gender-neutral policies from the employers.
Job Uncertainty: The threat of losing opportunities will discourage women from taking full maternity leave. The employees should be informed of statutory rights.
No Childcare Arrangement: Inadequate provision of crèche facilities will undermine the return to work. Subsidies from the government and employers have to be given for reasonable childcare schemes.
The load on Finances: Women employees in unorganized industries generally do not have access to paid maternity leave. Raising government maternity allowances would be a huge step towards mitigating this disparity.
Conclusion: Maternity Leave Experience
Maternity leave is a basic right in India to ensure women's health, stability in employment, and a congenial balance between work and domestic life. While government policies have improved over the years, enhanced corporate policies, awareness, and implementation must be achieved to ensure the workplace benefits working mothers.
Through foresight and awareness of their rights, women can take maternity leave without worry and still be able to follow their careers.
