What You Need to Know About the Maternity Leave Law in India as an Employer

26 of April, 2023

Are you an HR Manager or business owner in India? Then you know that managing a workforce requires navigating through a range of laws and regulations. One of the most important regulations for employers is the maternity leave law.

This law ensures that women who are expecting or have just given birth have time to recover and bond with their newborns, while also guaranteeing them job protection and pay.

As an employer, it’s essential that your HR policy covers maternity leave so that you can remain compliant with the law and look after your employees’ wellbeing. Which is why today, we’ll help you understand exactly what you need to know about the Indian Maternity Leave Law.

We’ll cover topics such as who qualifies for the maternity leave law, how long they can take off in total, and other legal provisions related to this topic. You will also see how to use the time off management tool to easily handle all requests. Let’s start!

Indian Maternity Leave Law Overview

If you’re an HR manager or business owner in India, it’s important to know the legal requirements for maternity leave. The Indian Maternity Leave Law supports working women during and after pregnancy, providing job security and time off for them and their families.

Here’s a quick overview of the law:

• The current provisions provide up to 26 weeks of maternity leave, of which 8 weeks must be taken before delivery.
• Maternity leave is available for both married and unmarried women who have been employed for at least 80 days in the 12 months prior to the expected date of delivery.
• Employers are required to pay full wages during maternity leave, which must be paid within 15 days of the due date.
• If the woman is unable to work due to ill health, she will receive an additional 12 weeks of leave with full wages.
• Women are also entitled to additional childcare leave up to a maximum of two years (including the 26-week maternity period).
• Upon returning from maternity leave, employers are legally required to restore women employees to their former positions with their same rate of pay and benefits.

These provisions provide working women with essential job security, allowing them time off from work without worry if they wish to have a child without sacrificing their career.

Eligibility for Maternity Leave in India

Are you interested in learning more about the maternity leave law in India? As an employer, it’s important to understand the eligibility requirements for your employees to be able to take advantage of this important benefit.

Firstly, your organization may provide any woman employed for a continuous period of 80 days prior to delivery or miscarriage with the full 12 weeks of maternity leave. Mentioned before, this is applicable to all employees regardless of their length of service.

Further more, an employee may also be entitled to additional leave if they’re married and this will depend on how many children they have. If she is married and has two children then she may be eligible for an extra six-month maternity leave from her employer.

In order for a woman to take advantage of this provision however, she has to apply for a certificate from the Chief Medical Officer at least 21 days before the expected date of delivery or miscarriage. Employers must make sure that their female employees are aware of these eligibility requirements and the necessary procedures.

How to Calculate Maternity Leave Pay in India

Did you know that being an employer in India means you need to understand the Maternity Leave Law? You need to make sure you not only know the details of how long maternity leave is, but also how to calculate maternity leave pay.

How Long Is Maternity Leave in India?

Under the Maternity Benefit Act, 1961, women with at least 80 days of employment over a 12 month period are eligible for 26 weeks of fully paid leave. This includes 12 weeks of leave in the initial phase after giving birth, and then 14 weeks at the end.

What Is Maternity Leave Pay?

Maternity leave pay is calculated as per average daily wage i.e., the average daily wages earned by an employee over the last three months prior to taking maternity leave. The minimum amount of wages used should be equal to or more than the minimum wages mandated by the respective state in which an employee works.

For example, if an employee earns INR 10,000 per month for three months before taking maternity leave, the employer would calculate their maternity leave salary as INR 10,000 divided by 26 weeks (the total number of weeks) = INR 385 per day or INR 2,723 per week during the employee’s maternity period.

It can be hard to stay on top of all this information when there’s so much else going on! But thankfully with Sesame HR software you can manage all time off requests and approve or deny them from anywhere and anytime – meaning no more paperwork headaches!

Benefits of Allowing Employee Flexibility With Maternity Leave

Giving your employees the flexibility to take maternity leave when they need it can be great for your business. Here are a few reasons why:

Higher Retention Rates

When you allow your employees flexibility with maternity leave, you create an environment of trust, providing them with the knowledge that their job is secure and that you are invested in their wellbeing.

This can help to reduce turnover and increase retention rates, saving cost and resources on recruiting and onboarding processes. This is a very

Reduced Absenteeism

When employees have the flexibility to take maternity leave when they need it, you are more likely to see reduced absenteeism from employees who might be struggling to juggle family responsibilities like childcare and sick kids. By providing them with peace of mind in knowing they have somewhere to turn if needed, they will be less likely to take too many days off without properly notifying you.

Improved Productivity

By providing consistent parental leave policies in your workplace, you ensure that all employees feel valued and respected. This helps create a more positive work culture where everyone feels like they belong, which will result in improved morale and productivity overall.

HR Software to Best Manage Maternity Leave in India

As an employer in India, you need to be aware of the Maternity Benefit Act and the various regulations that come with it when managing maternity leave.

To ensure you are compliant with the law and best support employees on maternity leave, having HR software to manage the process can be extremely helpful. A system like Sesame HR allows employers to track requests and approvals, allowing for a better managed maternity leave process.

The Sesame HR platform lets you:

• Automatically monitor employee hours
• Manage lengthy maternity leave periods easily
• Create, approve or deny time off requests from anywhere, anytime
• Monitor absences and track any unpaid leave taken by employees on maternity leave
• Monitor progress in a visually appealing calendar and set reminders for any pending tasks that need to be resolved.

By using an HR system to track and manage the entire process of an employee’s maternity leave, employers in India can be sure that they are compliant with all applicable laws and regulations. Try it for free now!