Maternity leave is more than just a policy. It supports employees during one of the most important times in their lives. For employers and HR teams, handling it correctly means balancing legal requirements, company policies, and employee expectations.
If you have ever felt unsure about eligibility rules, pay calculations, or compliance requirements, you are not alone. Missteps can lead to legal risks and employee dissatisfaction. But when done correctly, maternity leave strengthens workplace morale and shows employees they are valued.
This guide breaks down maternity leave management into clear steps. You will learn how to support employees while keeping your business compliant and organised.
Maternity leave is the time off granted to female employees after childbirth, allowing them to recover, bond with their newborn, and adjust to their new family responsibilities. It’s not just about fulfilling legal obligations—maternity leave is essential for creating a gender-neutral workplace, preventing discrimination, and supporting the health and well-being of new mothers.
In India, the Maternity Benefit Act, 1961 defines the rights of employees during this period. For employers, compliance is not optional. It is a legal requirement and a way to show employees they are valued. Clear policies do more than meet regulations. They create a workplace where employees feel secure managing both work and family.
Despite its importance, maternity leave remains a grey area for many businesses. Some struggle with structuring policies that balance business needs with employee support. Others are unsure of what is legally required versus what can be offered as an additional benefit. Getting it right is not just about avoiding penalties. It directly impacts retention, morale, and long-term loyalty.
Maternity leave is not just a policy. It is a reflection of how a company values its people. When handled well, it builds a culture of trust and support, benefiting both employees and the business.
Maternity leave gives an employee time to recover from childbirth, care for a newborn, and adjust to new responsibilities at home. It is more than time off. It is a necessity for physical recovery and emotional well-being. The duration and pay depend on company policies and legal requirements.
When done right, offering maternity leave can boost employee loyalty and retention. Investing in your employees’ well-being pays off. For example, companies like Google and Microsoft that provide extended maternity leave and flexible return-to-work policies have seen higher employee satisfaction and lower turnover.
As an employer, understanding the importance of maternity leave helps create a more inclusive and supportive environment. Now, let’s take a look at who’s eligible for maternity leave and what criteria you need to know.
Understanding who is eligible for maternity leave is one of the key responsibilities of HR professionals. While policies may vary by region or organisation, the general eligibility criteria include the following:
Employment Duration: Typically, employees must have worked for at least 80 days in the 12 months leading up to their expected delivery date.
Coverage: Organisations with more than 10 employees are required to comply with maternity leave regulations in India under the Maternity Benefit Act.
Adoptive and Commissioning Mothers: Under modern regulations, adoptive mothers and commissioning mothers are also eligible for maternity leave benefits.
Understanding these criteria ensures fair treatment and promotes a consistent approach to granting maternity leave.
Tip: Be sure to review your organisation’s maternity leave policy regularly, especially if you’re in a rapidly evolving industry. Maternity leave laws differ across countries, and staying up-to-date helps avoid non-compliance risks.
Let’s now look at the details of the duration and the payment structure associated with maternity leave.
One of the most crucial elements of maternity leave is its duration and the payment structure that accompanies it.
Duration of Maternity Leave:
India: The Maternity Benefit Act mandates 26 weeks of paid leave for the first two pregnancies, and 12 weeks for subsequent pregnancies.
Global Variation: While many European countries offer extended paid maternity leave (e.g., Sweden offers up to 480 days of paid leave), the U.S. is among the few developed nations without mandated paid maternity leave, relying instead on the Family and Medical Leave Act (FMLA) for job protection (but no pay).
Payment During Maternity Leave:
In India, the leave is generally paid at the employee's average daily wage or minimum wage, whichever is higher.
For employers, this means accurate tracking of pay and leave accruals is essential to ensure that employees receive their full entitlement.
Example: If an employee earns ₹50,000 per month and is on maternity leave for six months, they would be entitled to approximately ₹3,00,000 in paid leave, subject to company policy and applicable taxes.
Understanding how the leave is compensated is crucial. Let’s move on to the regulations and policies that govern maternity leave.
Employers must also ensure they understand the key regulations surrounding maternity leave. Compliance is essential to avoid penalties and ensure smooth operations.
Post-Childbirth Employment: Employers are prohibited from requiring women to work for six weeks following childbirth, giving them the necessary time for recovery.
Pre-Delivery Tasks: Employees are not required to perform arduous or hazardous tasks four weeks before the delivery date.
Understanding these rules ensures that you’re compliant and protects your company from potential legal action or penalties.
With regulations in place, let’s learn about the additional benefits that may be included under maternity leave.
While maternity leave itself is essential, there are often additional benefits employers can offer to make the leave more comprehensive and flexible:
Medical bonuses or extra leave days for health-related procedures.
Work-from-home allowances to facilitate smoother transitions for mothers returning to work.
Adoption Benefits: In India, adoptive mothers are entitled to 12 weeks of paid leave if the child is under three months.
By offering such benefits, you not only comply with legal obligations but also improve employee morale and strengthen employer-employee relationships.
Now, let’s discuss how employees can efficiently claim these benefits.
The process of claiming maternity leave benefits involves clear communication and adherence to company policies:
Notification: Employees must submit a formal notice of their intent to take maternity leave, typically around 8-12 weeks before their due date.
Payment: Ensure that payment is calculated accurately based on the employee’s average daily wage, leave balance, and applicable benefits.
Frequency of Claim: Employees can claim maternity leave only once per pregnancy, so it’s important to clarify how employees should notify HR regarding their leave dates.
Pro Tip: Implement an automated leave management system that helps streamline the entire process, reducing manual errors and ensuring timely processing of claims.
It’s also important to plan. Let’s explore why awareness and planning are so crucial for both employees and employers.
For employers, awareness of maternity leave regulations is just as important as compliance. Clear communication with employees about their maternity benefits and planning ahead for leave can alleviate many challenges.
HR professionals should educate employees about their rights and ensure the company’s maternity leave policy is clear and well-documented.
Financial planning is crucial for both the employer and the employee to ensure a smooth transition and adequate support during the leave period.
Example: A company, saw a 20% increase in employee retention after introducing flexible maternity leave policies and communicating the process to their team.
Maternity leave is a powerful tool in supporting gender equality in the workplace. For employers, it’s essential to stay informed and develop clear policies that comply with local laws and enhance workplace culture. By implementing a clear process for maternity leave management, you create a supportive environment that benefits both the organisation and its employees.
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