Maternity Leave Policy under Employment law
- ByAdmin --
- 20 Apr 2024 --
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Maternity Leave Policy under Employment law
An important and considerate component of employment laws that recognizes the special requirements of working women during pregnancy, delivery, and child care is maternity leave. In India, working women workers are entitled to maternity leave, which they can use either before or after giving birth.
Maternity Leave Laws:
• The Maternity Benefit Act 1961 is the main law pertaining to maternity leave in India. Gender equality in the workplace is promoted and women are assisted in juggling work and home obligations. According to the Act, maternity leave may be used for up to six months by women employed by approved factories and organizations
. Maternity leave is available to female employees for up to six months before to and following childbirth. The business must provide the female employee her full compensation during this time off.
•The Maternity Benefit Act of 1961 underwent several amendments in 2017, and the Maternity Benefit Act of 2017 was introduced.
The following are the provisions of the Maternity Benefit (Amendment) Act 2017:
• The Act stipulated a 12-week maternity leave. All women are entitled to a 26-week maternity leave, which was extended by the Act's 2017 revision.
• The 2017 amendment stated that childcare services, such as Crèche facilities, should be available nearby for all businesses with 50 or more employees.
• The 2017 amendment states that an employer may allow a woman to work from home during pregnancy if the nature of the work is such that it can be done from home.
• The Act amendment also grants 12 weeks of maternity leave to women who lawfully adopt a child under three months of age and a commissioning mother.
Application of the Maternity Benefit (Amendment) Act of 2017 and the Maternity Benefit Act of 1961
working women in India are eligible for maternity benefits under the Maternity Benefit Act of 1961. The Maternity Benefit Act covers all public and private organizations. Workers in the federal and state governments are also covered under the Maternity Benefit Act of 1961. As a result, all employed women are eligible to take maternity leave in order to give birth to a child and are paid in full at that time.
Indian mothers' entitlement to maternity leave
Indian women's eligibility for maternity leave is governed by the Maternity Benefit Act. If a woman has worked for her company for at least 80 days in the 12 months before to her projected delivery date, she is eligible to receive maternity benefits, according the legislation.
The following rules and restrictions are outlined in the act:
- Employers are required to give a female employee her full wage during her maternity leave.
- Employers are required to offer childcare.
- Upon the woman's return from maternity leave, employers are required to return her to her prior role within the company.
- If a mother is unable to return to work after the maternity leave term, employers may also agree to allow her to work from home
- If a mother is unable to return to work, employers may agree to allow her to take additional absences.
The Orissa High Court ruled in Supriya Jena v. The State of Odisha & Others that a woman employee who becomes a mother through "surrogacy" is also entitled to receive maternity leave benefits because these leave benefits are necessary for the healthy upbringing of a newborn as well as for the woman herself. This ruling is significant. The court ruled that a person's right to depart should not be influenced by how she became a mother.
Conclusion:
In conclusion, maternity leave guarantees the health of moms and their kids by giving them time to heal and raise their kids. The Maternity Benefit Act 1961 and the Maternity Benefit (Amendment) Act 2017, two important maternity laws in India, protect women's income and employment stability at a critical juncture in their lives, so contributing significantly to their empowerment.
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