Flipkart announced a maternity leave of 24 weeks plus four months of flexi-working with full pay, while Accenture will grant its employees five months maternity leave.
Maternity policies like these are a welcome change, but Indian law accorded maternity rights to working women way back in 1961, with the Maternity Benefit Act. Here are a few important rights that the law provides to women employees:
1. By Law, You Get At Least 6 Weeks of Post-natal Leave
According to law, female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. One can avail maternity leave for 6 weeks pre-natal and 6 weeks for the post-natal period. This also extends in case of a miscarriage or abortion.
According to the Maternity Benefit Act, 1961, “no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.”
2. You Will Get Your Complete Salary During The Period
Under the maternity act, every woman shall be entitled to be paid her average daily wage during her maternity leave.
According to labour law consultant RN Khola, that means it includes basic pay, Travel Allowance, Daily Allowance – all components that make up the salary structure.
However, some companies do have a “No Salary during maternal leave” policy. In this case, one can take the employer to labour court if they refuse to pay up.
3. All Companies and Establishments With More Than 10 People Are Liable To Pay
Every shop or establishment, in which ten or more persons are employed, comes under the purview of law to grant a paid maternity leave.
RN Khola says that startups with less than 10 people are not obligated to follow this policy.
You may approach the law enforcing agency i.e. the area labour office of your area in case the employer fails to comply.
4. Employee on Probation, or Employee on Contract Can Avail These Benefits Too
It is a large misconception that contractual employees or probationers can not avail the benefits of maternity leave. But the law takes care of this section of employees too.
Any employee, whether contractual, or on probation, can avail maternity benefit, provided she has worked in the establishment for 80 days in the 12 months preceding the date of delivery.
However, sadly, these provisions of the law do not cover the unorganised sector, which employs a large number of women.
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