Maternity Group Leaves - India

Maternity Group Leaves - India

For companies registered in India there is an option to activated and use leaves which are mandated as per Maternity Benefit Act of India. There are seven leaves which are covered in the Maternity Benefit Act.

1. Maternity leave : leave is given for the birth of child, for the first two children 26 weeks of leave is given and for third child onward 12 weeks of leave is given. Leave can be taken a maximum of 8 weeks before the birth of the child for the first two children and maximum of 6 weeks before the birth of the child from third child onward.

2. Adoption leave : leave is given for adoption of a child to the mother, leave can be only taken if on the date of adoption the child is three months or less in age. Leave duration is maximum of 12 weeks. There is no constraint on the number of children for which this leave can be taken as the law does not specify it clearly

3. Commissioning leave : this leave is given to mothers when they are having a child through a surrogate mother. The terms and duration of this leave is same as Adoption leave.

4. Miscarriage leave : in case of a miscarriage this leave can be availed, this leave has to be taken immediately after miscarriage and can be for a maximum of 6 weeks immediately after the day of the miscarriage

5. MTP leave : in case of a medical termination of pregnancy this leave can be taken, this leave has to be taken immediately after miscarriage and can be for a maximum of 6 weeks immediately after the day of the procedure

6. Illness leave : in case of illness arising due to pregnancy, delivery, premature birth of child or miscarriage can avail this leave. The maximum period allowed under this leave is one month which has been modeled as 31 days in the system

7. Tubectomy leave : employees going through this operation can take this leave for a period of maximum 2 weeks immediately after the procedure

The seven leaves are all based on the government rules based on which the leaves are eligible to all female employees who have worked for more than 80 days. The 80 days are counted from the date of joining (or date of entry) and includes all leaves, holidays and weekly offs.

For all these leaves if the employee is covered in ESI then the salary for the leave duration will be covered by ESI. Refer to the article on Salary payment for employees on Maternity group leave for more details

Linked articles -
1. Maternity group leave setup
2. Submitting Maternity group leaves



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