Maternity leave is a type of long-term paid leave granted to a pregnant employee in an organisation.
It is a legally mandated period during which a female employee is granted time off from work to prepare for childbirth, recover from postpartum, and care for her newborn.
From fulfilling maternal duties to establishing a sacred emotional bond with the child, maternity leave in workplaces is essential for every soon-to-be mother. This crucial employee benefit is designed to support that exact cause, in turn ensuring their well-being, safeguarding their job security, and promoting a healthy work-life balance.
The specifics of maternity leave, such as its duration, paid or unpaid, and the eligibility criteria, vary depending on the country’s labour laws and the organisation’s policies. In India, the maternity leave policy is defined under the Maternity Benefit Act of 1961 (revised in 2017).
Key Provisions under the Maternity Benefit Act, 1961:
- Maximum leave period is 26 weeks for up to two children.
- Maximum leave period is 12 weeks for the third and subsequent children.
- Employing or working women for 6 weeks post-childbirth is prohibited.
- A pregnant woman can work from home, given the working conditions are mutually agreed upon by the employer and the employee.
- In case of a miscarriage, 6 weeks’ leave can be availed with the submission of medical proof.
- Employers with more than fifty staff must provide childcare facilities.
FAQ
The duration of Maternity Leave varies by jurisdiction. For instance, in India, the Maternity Benefit (Amendment) Act, 2017 provides up to 26 weeks of paid leave for the first two children and 12 weeks for subsequent children. Globally, durations range from a few weeks to several months.
Payment during Maternity Leave depends on the country’s labour laws and company policies. In some countries, maternity leave is fully paid by the employer, while in others, it is partially paid or covered through social security or insurance schemes.
Many organisations and labour laws allow for extensions to Maternity Leave, particularly in cases of medical complications or specific needs. Extensions may be paid, unpaid, or partially paid, depending on the circumstances and policies in place.
Eligibility often requires that the employee has worked with the organisation for a specified minimum period, such as 80 days in the preceding 12 months in India. Other criteria may include the number of prior childbirths and adherence to required notice periods.
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