Nov 27, 2017
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Maternity Leave In India

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Maternity Leave In India

The Maternity leave in India comes under The Maternity Benefit Act 2017.

The Maternity Benefit (Amendment) Act 2017

The President Of India gave his assent to The Maternity Benefit (Amendment) Act 2017 on 27th March 2017  and came into force on 1st April 2017. The Act governs the employment of women before and after their accouchement and applies to all the factories, shops, mines and other establishments.

The Maternity Benefit Act involves paying women for Maternity leave, taken by them for their accouchement. Therefore, Act revolves around the protection of  interest of pregnant women.

Features Related To Maternity Leave in India

There are some features relating to duration, applicability of maternity leave and other facilities for women

  1. The Maternity leave for first two children is 26 weeks.
  2. Maternity leave begins eight weeks prior to delivery.
  3. The Maternity leave for third child will be 12 weeks.
  4. Mothers adopting a child below the age of 3 months receives maternity leave of 12 weeks.
  5. Commissioning mother also receives maternity leave of 12 weeks.
  6. All establishment have to provide creche if employees are more than 50.
  7. Employer may allow women to work from home.
  8. All establishments need to inform about the various benefits under this Act.
  9. Employee receives 6 weeks maternity leave if she faces miscarriage.
  10. Employee also receives additional one month maternity leave if there is any complication in pregnancy or delivery.

The benefits mentioned above apply to all public, private and governmental organisations irrespective.


On completion of 26 weeks, employee is fully paid for maternity leave and also get medical bonus of 3500. According to National Food Security Act 2013, pregnant women receives maternity benefit of at least 6000 and they also receives free meals during  their pregnancy and 6 months after delivery.

Job protection

1. No Harmful Work :

Employer should not give any harmful work to pregnant women which can harm their pregnancy or normal development of fetus or cause miscarriage.

2. Protection from dismissal:

Employer should not dismiss employee while they are on maternity leave or give the notice of dismissal during maternity leave.

3. Right to get same position:

Employer should return the same position of employee which they had before maternity leave in the organisation.. There should not be any changes in condition of employment.



Article Categories:
Family Law

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