Maternity Leave (ML) in India: Act, Eligibility & Benefits

In India, the Maternity Benefit Act of 1961 ensures that women employed in factories, mines,
plantations, and organisations with 10 or more employees are entitled to maternity leave benefits. To
be eligible, a woman must have worked with her employer for at least 80 days in the 12 months
preceding her expected delivery date. Meeting this criterion makes an expecting mother eligible for
the mandated maternity leave and any additional leave or benefits provided by her employer.

Eligibility Criteria

Maternity leave is extended to:

Pregnant women,
Women adopting a child,
Women experiencing a miscarriage,
Surrogate or commissioning mothers.
For surrogate mothers, the 26-week maternity leave period begins from the day the newborn is
handed over to the adoptive parents.

Covered Sectors

Maternity leave benefits apply to women employees in both the public and private sectors,
safeguarded by the Maternity Benefit Act of 1961. This Act encompasses establishments employing
10 or more people, ensuring female employees receive maternity benefits during pregnancy,
childbirth, and post-delivery.

Exclusions

It’s important to note that the Maternity Benefit Act doesn’t extend to self-employed women or
those working in establishments with less than 10 employees.

Understanding your maternity leave eligibility is crucial, ensuring you can avail of the benefits
rightfully due to you during this important life event. If you have further questions or concerns, it’s
advisable to consult with your HR department or legal advisor.

Maternity Leave Benefits

In India, the Maternity Benefit Act of 1961 provides essential support for working mothers,
acknowledging their vital role during pregnancy and after childbirth.

Maternity Leave Period

According to the Act, first and second-time mothers are entitled to 26 weeks, or 6 months, of paid
maternity leave. Subsequent pregnancies allow for 12 weeks, ensuring mothers receive their full
salary during this period. Importantly, this leave is not just about time off; it’s about supporting
mothers during a significant life transition.

Additional Maternity Leave Benefits

Recognizing the multifaceted challenges of motherhood, the Act ensures comprehensive support.
Mothers are granted provisions for childcare, and upon return, they have the right to resume their
previous positions. Additionally, if a mother requires more time to recuperate and adjust, her
employer must grant extra leave days, promoting the physical and emotional well-being of both
mother and child.

Protection for Pregnant Employees

Pregnant employees deserve a safe and supportive work environment. The Act mandates that
workplaces must provide essential facilities, including hygienic restrooms, comfortable seating, and
safe drinking water, ensuring pregnant women can work in a healthy and secure manner.
Moreover, it’s crucial to note that under the Maternity Benefit Act, employers cannot terminate or
dismiss women employees solely due to their pregnancy, labour, or post-childbirth recovery. This
protective measure secures the livelihood and dignity of expectant and new mothers, fostering a
workplace environment that values and supports every stage of a woman’s life.

How To Write An Email To HR Asking About Company Maternity Leave Policy

When inquiring about your company’s maternity leave policy, there are two primary communication
methods you can opt for either verbal or written communication.

Verbal Communication: You can request a meeting with your HR representative to discuss the
maternity leave policy in person. Alternatively, you could initiate a conversation with them via a
phone call to address your queries.
Written Communication: Another effective approach is to send an email or a letter to HR. Composing
a well-crafted email allows you to clearly articulate your questions about the company’s maternity
leave policy and provides a documented record of the conversation.
Subject: Inquiry Regarding Company’s Maternity Leave Policy
Dear Mr./Mrs. [Recipient’s Name],

I hope this message finds you well. My name is [your name], and I am a member of the [your
department] at [Company Name]. I joined the company on [joining date/month/year]. I am reaching
out to inquire about our company’s policy concerning maternity leave as I am in the early stages of
my pregnancy.

I would be greatly appreciative if you could provide me with the relevant document or link outlining
the maternity leave policy. Additionally, I would like to arrange a private discussion at your earliest
convenience to seek clarification and address any queries I may have.

Attached to this email, you will find the doctor’s letter confirming my pregnancy for your reference.

Thanking you for your prompt attention to this matter.

Yours sincerely,

[Your Name]
[Phone Number]
[Job Profile]r