Maternity Leave Policy in India

 Although a woman and her unborn child bond during the sacred period of pregnancy, this goes much beyond that. Every new mother wants to treasure the experience of going from being pregnant to becoming a mother.

But what about soon-to-be mothers who are looking forward to starting their motherhood journey and are employed? Our Indian culture is deeply established with regard to the assistance that Indian moms receive both before and after they have a child. Thus, it becomes reasonable to place the same emphasis on parenting at work. Only the Maternity Benefit Act, approved by the Indian government, makes it possible for expecting women to prioritize their families and take time off from work in the form of maternity leave.

Working women can make use of maternity leave, which is time off from work that is sanctioned before and/or after childbirth. The laws governing maternity leave in India are outlined in the Maternity Benefit Act of 1961. Women who meet the requirements for maternity leave and who work for accredited organizations or factories may apply for up to six months of leave under this Maternity Act. Maternity leaves can be taken by female employees before or after childbirth. Their maternity leave may extend into the time before and following delivery. The woman's employer is required to pay her the total amount of her wages during this absence.

Employers may offer additional maternity leave to their female employees in addition to India's statutory maternity leave laws. To secure and defend the interests of their female employees, the Maternity Benefit Act has undergone numerous updates. This Act, which was most recently revised in 2017, covers remote or hybrid employment types in addition to giving new moms more paid time off.

The Maternity Benefit Act in India assists mothers both before and after childbirth. It ensures and defends their livelihood and interests, enables them to care for their infants while taking care of themselves, and

The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfills this requirement, then she can utilize this mandated maternity leave and any further leave or benefits that her employer provides her. 

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfill the criteria that determine the categories of motherhood in India. Commissioning, or surrogate mothers, are also entitled to up to 26 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents. 

• Pregnant women 

• Women adopting a child 

• Women who experience a miscarriage 

• Surrogate or commissioning mothers 

                                                                                                                                                                                                                        

Employment Law - Leave Policy in India

 

The relationship between a worker, a trade union, and the general government is represented by the field of law known as labor law. It is crucial for preserving workers' rights, their unions, and pay. It also helps to forge a connection between employers and employees. It is a safeguarding code for laborers, workers, and employees as well, establishing a standard rule governing labor work practices and educating them about their rights. Labor law and employment law are frequently mistakenly combined. The branch of law that focuses exclusively on the connection between an employer and employee is employment law.

The overarching framework for determining various aspects of leave, such as category or categories, eligibility, duration, etc., is established by employment legislation. Numerous businesses and organizations divide leave into various categories, such as unpaid leave, paid leave, earned leave, maternity leave, special leaves, unpaid leave for the loss of pay, unpaid leave for compensatory reasons, etc.

Leave policies are developed with the unions when employment contacts involve trade unions in the decision-making process. The Industrial Employment Standing Orders Act, created to enforce certain service conditions, references such thorough consultation.

In India, three different types of leaves—earned leave, sick leave, and casual leave—are typically observed. For various kinds of leaves, multiple laws have varied provisions.

1. Earned Leave

2. Casual Leave ( Casual Leave)

3. Sick / Medical Leave

4. Maternity Leave 

                                                                                                                                                                                                  

Labor Law - Earned Leave and Casual Leave

 

In India, three different types of leaves—earned leave, sick leave, and casual leave—are typically observed. For various kinds of leaves, various laws have varied provisions. Each category's specifics are discussed.

Earned Leave

Earned Leave is also called Paid Leave. This is employees Earned Leave for one year. Which can be used later at any time. If you take leave and have Earned Leave in your account, the company will first deduce your leave from Earned Leave and after that leave, take this leave as unpaid leave and deduct money from your salary. You can get these Earned Leave en-chased while leaving the company. Whose money of Earned Leave will be equal to your one-day Basic + DA Salary. According to different laws, the number of Earned Leave will be as follows -

1. Factory Workers are required to work at least a minimum of 240 days in a year to take advantage of Earned Leave. Adult Worker gets 1 day (1 Earned Leave) for every last 20 days, and children under 15 get 1 day (1 Earned Leave) for every 15 days of work. Now according to this, you can calculate your Earned Leave by yourself. 

2. Mine Workers can avail 1 day for every 15 days of work done below ground and people working above ground can avail of 1 day for every 20 days of work.

3. Beedi or cigar factory workers get 1 day off for every 20 days of work in the previous year. If the employee is a child below 15 years of age, then he gets 1 day of work every 15 days.

4. People working in sales, and a newspaper company (which includes journalists) can avail of Earned Leave for one month for every 11 months of work.

5. Domestic Workers are also eligible for 15 days of Earned Leave in a year.

Casual Leave ( Casual Leave)

This is another Paid Leave that is not Earned, only entitled to employees if prior permission is given by the Organization. If the employer does not give permission and the employee still takes leave, then his salary is deducted for that day's leave. 

If an employee has taken CL (Casual Leave), he is not considered absent from Duty. 

Usually, every organization offers a certain number of Casual Leave in a year, which is decided by the company's administration. However, the law for some types of workers is as follows:

1. Sales and newspaper employees (including journalists) are entitled to Casual Leave for 15 days in a year.

2. Apprentices are entitled to 12 days of Casual Leave annually.

If an employee has taken CL (Casual Leave), he is not considered absent from Duty. 

Usually, every organization offers a certain number of Casual Leave in a year, which is decided by the company's administration. However, the law for some types of workers is as follows:

1. Sales and newspaper employees (including journalists) are entitled to Casual Leave for 15 days in a year.

2. Apprentices are entitled to 12 days of Casual Leave annually