Paid Leaves for Pregnant Women in India

In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof
as may be prescribed, is entitled to leave with wages at the rate of maternity benefit, for a period of six
weeks immediately following the day of her miscarriage or, as the case may be, her medical termination
of pregnancy.

Maternity Leave

1. The Act is applicable to all establishments which are factories, mines, plantations, Government
establishments, shops and establishments under the relevantly applicable legislation, or any other
establishment as may be notified by the Central Government. (source: Wikipedia).

2. For mothers with more than two children, the maternity leave benefits will only cover about 12
weeks.

3. This Act is applicable to all organizations that employ 10 or more persons.

4. This is available for women working both in the private sector and public sector.

5. The Act provides an adoption leave of 12 weeks for a woman who adopts a child under the age of 3
months.

6. A commissioning mother (biological mother who uses her egg to create an embryo implanted in any
other woman) is also entitled to a 12-week leave from the date the child is handed over to her.

7. The act also introduced an enabling provision relating to "work from home" for women, which may be
exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women
employees may be able to avail this benefit on terms that are mutually agreed with the employer.

8. The MB Amendment Act makes crèche facility mandatory for every establishment employing 50 or
more employees. Women employees would be permitted to visit the crèche 4 times during the day.

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

10. How she takes those 26 weeks depends on her. She can take all her maternity leave after the birth of
her child. She can start her pregnancy leave anytime in 8 weeks before her due date. A woman cannot
consume more than 8 weeks of the maternity leave preceding the date of her expected delivery.
11. In case of tubectomy operation, a woman, on the production of such proof as may be prescribed, is
entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately
following the day of her tubectomy operation.

12. A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child
(miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the
period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum
period of one month.

13. While the female civil servants are entitled to maternity leave for a period of 180 days for their first
two live-born children, the women working in private sector are advised to get in touch with the
respective HR partners, as the Maternity Leave Rules may vary from company to company.

Payment Rules During Maternity Leave in India:

1. The maternity leave with full pay is granted on completion of at least 80 days in an establishment in
the 12 months prior to her expected date of delivery.

2. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's
actual absence from work.

3. Apart from 26 weeks of salary (& 12 weeks of salary for an already mother of two), a female worker is
entitled to a medical bonus of 3,500 Indian rupees.

4. Under the National Food Security Act 2013, pregnant women and lactating mothers are entitled to
receive maternity benefit of at least Rs. 6,000.

5. 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 childbirth, through the local Anganwadi, so as to meet their nutritional needs.