Maternity benefit under the Code on Social Security
The Code on Social Security provides maternity benefit of up to 26 weeks of paid leave. A woman with two or more surviving children gets up to 12 weeks. To be eligible, she must have worked at least 80 days in the preceding 12 months. Other details, such as how the weeks are split before and after delivery and related benefits, are set in the Code and its rules, so check them with your adviser. See the maternity benefit rules.
How companies manage maternity leave
The employee usually tells HR and her manager a few months ahead, shares the expected delivery date with a medical certificate, and agrees the start date of the leave and a handover plan. HR confirms eligibility, the leave dates and how salary will be paid during the leave. Good practice includes a return plan: a phased return, work from home where the role allows, and flexible timings in the first months back. Leave types in ZeniaHR can be restricted by gender and can require a supporting document.
Protecting her position during the leave
The leave should not quietly cost her in other ways. Rate her performance on the months she actually worked, keep her informed about changes in the team, and do not move her role without discussing it with her. If the leave falls during probation, handle the confirmation date carefully and in writing. More on rights at work is in women employees.
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How many months of maternity leave are given in India?
Up to 26 weeks, which is about six months, of paid maternity leave for a woman with fewer than two surviving children. A woman with two or more surviving children gets up to 12 weeks. To qualify, she must have worked 80 days in the preceding 12 months. Some employers add extra paid or unpaid leave on top as a company benefit.
Can a woman on probation take maternity leave?
Eligibility for maternity benefit turns on the 80 days of work in the preceding 12 months, not on confirmation, so a woman on probation who meets that condition qualifies. Employers should avoid decisions on her confirmation that penalize her for the leave, and extend probation only for genuine reasons recorded in writing.