Paid Maternity Leave Eligibility: Get More Updates

Paid Maternity Leave Eligibility – The Maternity Benefit Act 1961 applies to women working in factories, mines, plantations, and organizations with ten or more employees. This section explains more about eligibility for maternity leave in India.

Maternity Leave Eligibility:

  • Prerequisite for Proof of Work.

Maternity Benefit Act of 1961, a woman must have worked for her employer for at least 80 days in the 12 months leading up to her projected delivery date. If she meets this criteria, she can use her statutory maternity leave and any additional time or benefits provided by her employer. 

  • Eligibility for Motherhood in India

All women who are pregnant are eligible for maternity leave in India since they meet the criteria for motherhood in India. Commissioning moms, sometimes known as surrogates, are up to 26 weeks of maternity leave, which begins on the day the newborn is given over to adoptive parents.

  1. Pregnant women
  2. Women adopting a child.
  3. Women who have a miscarriage
  4. Surrogate or commissioning moms. 
  • Companies and fields covered by maternity leave

In India, women working in public and private sectors can take maternity leave. Their rights are safeguarded under the Maternity Benefit Act of 1961. The Maternity Act applies to all companies with ten or more employees. It provides maternity benefits to female employees who must use their maternity leave while pregnant, during childbirth, or afterward. However, the Indian Maternity Benefit Act does not apply who work for themselves or in businesses with fewer than ten employees. 

Maternity Leave Benefits:

  • Maternity Leave Period

A woman employee can take maternity leave in India for a set amount of time, during which she will get her total income while completing her parental obligations and tasks. The Maternity Benefit Act of 1961 allows first and second-time mothers to take six months, or 26 weeks, off. With each successive child, the woman is eligible for three months, or 12 weeks, of paid maternity leave, during which her employer must pay her whole income.

  • Pregnant Employee Benefits

Pregnant employees require additional attention, as provided in the Maternity Benefit Act 1961. To ensure pregnant women can work in a safe and healthy environment, their business must provide amenities such as sanitary restrooms, comfortable sitting or working arrangements, and safe drinking water. 


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