Maternity Leave Laws in India: A Comprehensive Guide

The Maternity Benefit Act, 1961, protects the rights of working women by ensuring adequate leave and financial support during pregnancy and childbirth. The Act promotes workplace equality and supports the health and well-being of women employees.

Objectives of the Maternity Benefit Act

Maternity

Key Provisions of the Maternity Benefit Act

1. Applicability

Applies to establishments with 10 or more employees, including factories, mines, plantations, shops, and commercial establishments.

2. Maternity Leave Duration

  • 26 Weeks: For women with fewer than two surviving children.
  • 12 Weeks: For women with two or more surviving children.
  • 12 Weeks: For women adopting a child below 3 months or commissioning mothers (via surrogacy).

3. Maternity Leave Pay

Women are entitled to full wages based on their average daily earnings during the three months prior to leave.

4. Creche Facilities

  • Mandatory for establishments with 50 or more employees.
  • Employers must allow women to visit the creche up to four times a day.

5. Prohibition of Dismissal

  • Employers cannot terminate employment during maternity leave.
  • Pregnant employees are protected from unfair treatment or dismissal.

Employer Obligations

Employers must

Penalties for Non-Compliance

Benefits to Employees

001 value proposition

Guaranteed leave for pregnancy and postpartum recovery

002 shield

Financial security through paid maternity leave.

004 customer support

Access to creche facilities and workplace support

Recent Amendments

Frequently Asked Questions

Women who have worked for at least 80 days in the 12 months preceding the expected delivery
date.

Extended leave may be granted as unpaid leave, subject to employer discretion.

Yes, if they meet the eligibility criteria under the Act.

Creche facilities are required for establishments with 50 or more employees.

Yes, women are entitled to six weeks of paid leave in such cases.

How TrusComp Can Help

Navigating maternity leave laws can be challenging. TrusComp offers:

Policy Development

Drafting maternity leave policies compliant with legal standards.

Compliance Tracking

Monitoring leave records and ensuring timely payments.

Workplace Support

Guidance on implementing creche facilities and other supportive measures.

Regulatory Updates

Alerts on amendments and compliance deadlines.

With TrusComp, businesses can ensure legal compliance while creating a supportive and inclusive workplace for women.

Take the Next Step

Ensure compliance with maternity leave laws and foster a supportive workplace with TrusComp’s expert solutions

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