Can you please explain rules and regulations w.r.t. maternity leave in India? One of our employee looking for maternity leave, since ours is a new organization, we have not yet framed any rules on this. Your inputs will help us.
Absolutely not to worry.
All the documents and forms: https://www.greythr.com/wiki/acts/maternity-benefit-act-1961/
Policy and templates: https://www.greythr.com/resources/policy-templates/1
To refer to the act: https://www.greythr.com/wiki/acts/maternity-benefit-amendment-act-2017/#:~:text=Applicable%20for%20the%20first%20two%20children.&text=Increased%20from%20twelve%20weeks%20to,in%20total%20can%20be%20availed.
I hope the above shared one should help you.
In general check if the employee is covered in ESI or not and it’s applicable to companies with 10 or more employees.
So, please refer to those and let me know if you have any queries.
Thanks a lot Dinesh. This is really helpful.
|MATERNITY BENEFIT||APPLICABILITY||10 OR MORE EMPLOYEES ARE EMPLOYED ON ANY DAY OF PRECEDING 12 MONTHS|
|ELIGIBILITY||WORKED FOR AT LEAST 80 DAYS WITHIN THE PAST 12 MONTHS|
|BENEFIT||MEDICAL BONUS OF RS 3500|
|NORMAL - PAID LEAVE OF 26 WEEKS UPTO 2 CHILD|
|IF THE WOMAN HAS MORE THAN TWO SURVIVING CHILDREN, THE MATERNITY BENEFIT IS FOR 12 WEEKS ONLY|
|12 WEEKS FOR ADOPTION OF CHILD BELOW 3 YEARS OF AGE|
|TUBECTOMY OPERATION - 2 WEEKS PAID LEAVE|
|MISCARRIAGE OR MEDICAL TERMINATION - 6 WEEKS PAID LEAVE AFTER THE PROCEDURE|
|INCISE OF EMERGENCY, CAN FURTHER EXTEND THE PAID LEAVE FOR ANOTHER 1 MONTH|
|CRECHE FACILITY||FOR 50 OR MORE EMPLOYEES|
|EMPLOYEE RIGHTS||AN EMPLOYER CANNOT DISMISS A WOMAN FOR TAKING MATERNITY LEAVE AND CANNOT SERVE A TERMINATION NOTICE TO A WOMAN ON MATERNITY LEAVE WHICH EXPIRES BEFORE THE MATERNITY LEAVE ENDS.|
|EXEMPTION||AN WOMEN EMPLOYEE COVERED UNDER ESIC, MATERNITY BENEFIT WILL BE PAID FROM ESIC AND NOT FROM EMPLOYER|
|FORMS||FORM B - NOTICE OF CLAIM BY WOMEN
FORM L, M, N & O - ANNUAL RETURN BEFORE 21ST OF JAN
To get a Maternity benefit for any female employee one has to complete 80 days in the organization. She will be eligible for 6 months of Maternity leaves as per the new amendment.
You need to pay full salary for these 6 months if an employees is not covered under ESI.
THe one who are under ESI , they will get all the benefit from ESI and company need not pay anything.
*Company should enroll themselves under ESI if having employee strength 10 or more and then opt for ESI maternity coverage.