Maternity Leave Rules In India For Private Companies

Maternity Leave Rules In India For Private Companies: Every women employee will get 26 weeks of maternity leave for first two children, after that it will be 12 weeks. Even for mother who have surrogates will get 12 weeks of leave from the date of hand over the child. ( Women employees whose egg is implemented in another woman for the development of the embryo) and this benefit will be also given to adopting mother who has adopted a child of fewer than 3 months. In case of adopting mothers also the maternity leave will be 12 weeks.

Maternity Leave Rules In India For Private Companies

  • In order to get maternity leaves, woman employee needs to have minimum 70 working days.
  • Women employees can avail 8 weeks maternity leave before the expected delivery date and remaining 18 weeks maternity leave will be given after delivery date.
  • 12 weeks of maternity leave will be given to adopting mothers and women employees who have surrogates.
  • Every employer who has 50 or more than 50 employees will need to arrange creche facilities within 1 km of working areas and 4 visits will be allowed to women employees. These 4 visits include regular intervals of rest. Earlier only 2 visits will be given under nursing breaks for the child less than 15 months old. The above are the changes in maternity benefit act 1961.
  • The woman employees who are under ESI scheme will get the salary for maternity leave period from ESIC, for remaining women employees employer will pay the salary.

Maternity Leave Rules In India For Contract Employees

There is no amendment in section 2 of Maternity Benefits act, so the act is applicable to all the women employees who are employed in any capability directly or through any agency i.e maternity benefits act will be applicable to contractual and consultant women employees also.

FAQs On Maternity Leave Rules In India For Private Companies

When can you start your maternity leave in India?

You can take maternity leaves in 8:18 weeks ratio i.e 8 weeks before the delivery date and 18 weeks after delivery date.  To know more details read this when should I take maternity leave

What is the eligibility for maternity leave in India?

Women employee need to have a minimum of 70 days contribution towards ESIC to get eligibility for maternity leave in India.

How long are you entitled to maternity leave?

As per the latest amendment in the maternity benefit act 1961, every woman employee is eligible to get maternity leaves of 26 weeks.

How much you get paid when you go on maternity leave?

Women employees will get the full salary which includes basic wage, DA, HRA, other cash allowances, incentive bonus. Women employees are not entitled to get overtime earning, bonus other than incentive bonus, PF and pension funds, and gratuity amounts for that particular maternity leave period.

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