What maternity benefit do women employees get in India now?

LiveRec EditorialUpdated

The Code on Social Security, 2020 gives eligible women employees in India 26 weeks of maternity benefit if they have worked at least 80 days in the preceding 12 months. It covers factories, mines, plantations and shops or establishments with ten or more employees. An employer cannot dismiss a woman for taking maternity leave under the law.

At a glance

  • 26 weeks for eligible women employees.
  • 80 days of work in the preceding 12 months to qualify.
  • Six weeks for miscarriage or medical termination of pregnancy; two weeks after tubectomy.
  • Crèche in every establishment with 50 or more employees.

Eligibility and duration

According to the Ministry's compliance handbook: a woman who has worked at least 80 days in the preceding 12 months is eligible. The employer must give 26 weeks and cannot dismiss or discharge her for absence under the law.

  • A medical bonus of Rs 3,500 where entitled.
  • Two nursing breaks, in addition to regular rest intervals, after return to work until the child reaches 15 months.
  • Six weeks of maternity benefit for miscarriage or medical termination of pregnancy, and two weeks for tubectomy.

Crèche

Establishments with 50 or more employees must provide a crèche, either alone or through a shared facility. The Ministry's FAQ says the facility is available to employees irrespective of gender.

ESI maternity benefit

If the establishment is covered by ESI, insured women may claim maternity benefit through ESIC in the form of periodical payments. Which route applies depends on whether the establishment and the employee are covered.

Procedure and documents

The procedure, notice and proof an employer may ask for are set in rules and in the Code's text, so confirm them with HR. See also leave rules and what changes for employees.

These come from the Ministry's handbook and the PIB backgrounder, and apply in the central-government sphere unless your state says otherwise.

TopicWhat the handbook says
Night workWomen may work in all establishments and all types of work. Before 6:00 a.m. or after 7:00 p.m., the employer must get consent and ensure the prescribed safety measures.
Hazardous workEmployers must provide adequate safeguards before employing women in dangerous operations as prescribed. The employment of pregnant women in processes that involve serious risk of bodily injury, poisoning or disease may be prohibited or restricted.
ToiletsSeparate toilet facilities for male, female and transgender workers.
Equal payEmployers must not discriminate on grounds of gender in pay for the same or similar work, or in recruitment.

ESI maternity benefit in detail

The handbook says ESI maternity benefit consists of periodical payments to an insured woman in case of confinement, miscarriage, or sickness arising out of pregnancy, confinement, premature birth or miscarriage. ESI applies to establishments with 10 or more persons, except seasonal factories. For female insured persons, the definition of family includes dependent parents, including in-laws, within the income limit set by the Central Government.

Step by step: what to do when you are pregnant

  1. Check your offer or appointment letter for leave terms.
  2. Count your days worked in the last 12 months. The test is 80 days.
  3. Tell HR in writing, with the expected date. The notice and proof set in the Code's rules are for HR to explain.
  4. Ask HR whether the establishment is covered by ESI. If it is, ask which route applies.
  5. Keep copies of everything you submit.

Common mistakes

  • Assuming leave is an employer favor. It is a statutory right for eligible women.
  • Not asking in writing.
  • Resigning because you were told you "will be terminated." The handbook says an employer cannot dismiss or discharge a woman for absence in accordance with the law on account of maternity leave.

More questions people ask

Is maternity benefit only for permanent staff?

The handbook gives the 80 day test and does not limit it to permanent staff in its summary, but read your own terms with HR.

What is the nursing break?

Two nursing breaks in addition to regular rest intervals until the child is 15 months old, according to the handbook.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.