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Maternity and Work

This page was last updated on: 2021-04-02

Maternity Leave

The Maternity Benefit (Amendment) Act 2017, passed by the Rajya Sabha in August 2016, has also been passed by the Lok Sabha in March 2017.

Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.

The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother). 

The Act further requires an employer to inform a woman worker of her rights under the Act at the time of her appointment. The information must be given in writing and in electronic form (email).

Female civil servants are entitled to maternity leave for a period of 180 days for their first two live born children.

Before March 2017, the law provided following rights.

According to the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave. Employees are also entitled to one additional month of paid leave in case of complications arising due to pregnancy, delivery, premature birth, miscarriage, medical termination or a tubectomy operation (two weeks in this case).

Source: §3-10 of the Maternity Benefits Act 1961, amended in 2017; §43 of the Central Civil Service (Leave) Rules 1972

 

Maternity Leave Under State Laws

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

 

Maternity Leave in Andhra Pradesh

No State laws and provisions under this topic.

 

Maternity Leave in Maharashtra

For everyone:

Every woman employee, under a scheme established by the Maharashtra Employment Guarantees Act 1977, who has worked for not less than 150 days, is entitled to a medical leave of 30 days. The leave would be accompanied by a payment of the minimum wages prescribed.

Source: Section 7(a), Maharashtra Employment Guarantees Act, 1977

For all employees of Private Schools:

For employees of private schools, half paid maternity leaves may be granted for a period of not more than 90 days (to employees with more than >1 and <2 years of service). Workers with more than two years of employment must be granted paid maternity leaves. In case of workers with less than one year of service, extraordinary leave may be granted for maternity purposes. The said maternal leaves may continue simultaneously with vacations. However, maternal leaves cannot be debited from other leave accounts.

Source: Section 13 – 22 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 

 

Maternity Leave in Karnataka

No State laws and provisions under this topic.

 

Maternity Leave in Uttar Pradesh

No State laws and provisions under this topic.

 

Maternity Leave in Rajasthan

For all  Pregnant Women:

Employers will not knowingly employ a woman in any factory during the six weeks following the day of which she is delivered a child. Also, no woman will participate in any employment during the six weeks following the day of her delivery.

Source: Section 4 of the Rajasthan Maternity Benefit Act, 1953

For Pregnant Employees at Shops and Commercial Establishments:

If any woman employed in an establishment who is pregnant gives notice either orally or in writing in the prescribed form to the employer that she expects to be delivered of a child within six weeks from the date of such notice, the employer will allow her, if she so desires, to absent herself from work up to the day of her delivery.

Source: Section 24 Rajasthan Shops and Commercial Establishments Act, 1958

 

Maternity Leave in Tamil Nadu

No State laws and provisions under this topic.

 

Maternity Leave in Gujarat

A woman worker is guaranteed maternity leave under the provisions of the Maternity Benefits Act.

Source: Section 18, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019

 

Maternity Leave in West Bengal

No State laws and provisions under this topic.

 

Income

The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.

Under the National Food Security Act 2013, pregnant women and lactating mothers are entitled to receive maternity benefit of at least Rs. 6,000. The Act further requires that subject to such schemes as may be framed by the Central Government, every pregnant woman and lactating mother will be entitled to free meals during pregnancy and six months after the child birth, through the local anganwadi, so as to meet their nutritional needs.  

Source: §5 of the Maternity Benefits Act 1961; §4of the National Food Security Act 2013

Non-Standard Workers' Rights on Income Replacement during Maternity - Platform workers

Self-employed workers are theoretically covered under the Unorganised Workers’ Social Security Act, 2008. National Social Security Board was also constituted for recommending the formulation of social security schemes viz. Life and disability cover, health and maternity benefits, old age protection and any other benefit as may be determined by the Government for unorganized workers. Rashtriya Swasthya Bima Yojana provides health insurance to the unorganized sector workers including self-employed.

Draft Code on Social Security, 2019 talks about initiation of suitable social security schemes for gig workers and platform workers on matter relating to- (a) life and disability cover; (b) health and maternity benefits; (c) old age protection; and any other benefit as may be determined by the Central Government.

 

Income Under State Laws

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

 

Income in Andhra Pradesh

No State laws and provisions under this topic.

 

Income in Maharashtra

No State laws and provisions under this topic.

 

Income in Karnataka

No State laws and provisions under this topic.

 

Income in Uttar Pradesh

No State laws and provisions under this topic.

 

Income in Rajasthan

No State laws and provisions under this topic.

 

Income in Tamil Nadu

No State laws and provisions under this topic.

 

Income in Gujarat

A woman worker is guaranteed maternity leave with pay under the provisions of the Maternity Benefits Act.

Source: Section 18, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019

Any of the provisions of the Maternity Benefit Act, 1961 should apply to registered unprotected women workers employed in any scheduled employment to which this Act applies.

Source: Section 21, Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979

Income in West Bengal

No State laws and provisions under this topic.

Free Medical Care

Note: Upcoming Labour Legislation in India

Last year (2020), the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. The Code on Wages, enacted in 2019, also amalgamated four relevant labour laws.  

The Four new Labour Codes were supposed to be effective from 01 April 2021 however considering the rise in COVID cases and the potential impact of the new Codes on per employee costs for enterprises, the Government has delayed implementation of new Codes to a future date. The Central and State Governments have yet to notify the rules. The new legal provisions will be effective only, once notified.  

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Currently Applicable Provisions 

A pregnant women worker is entitled to a maternity benefit (in the form of medical bonus) of one thousand rupees if no prenatal confinement and post-natal care is provided by the employer free of charge.. It can be increased to a maximum limit of twenty thousand rupees. The Central Government is authorized to increase the basic amount every three years. In August 2008, the amount of medical bonus was 2500 Indian rupees which has been later raised in 2011 to 3500 Indian rupees.

Source: § 8 of the Maternity Benefits Act 1961

 

Free Medical Care Under State Laws

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

 

Free Medical Care in Andhra Pradesh

No State laws and provisions under this topic.

Free Medical Care in Maharashtra

No State laws and provisions under this topic.

Free Medical Care in Karnataka

No State laws and provisions under this topic.

 

Free Medical Care in Uttar Pradesh

No State laws and provisions under this topic.

 

Free Medical Care in Rajasthan

No State laws and provisions under this topic.

 

Free Medical Care in Tamil Nadu

No State laws and provisions under this topic.

 

Free Medical Care in Gujarat

No State laws and provisions under this topic.

Free Medical Care in West Bengal

No State laws and provisions under this topic.

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