Maternity Leave Policy

This policy covers the need for an organisation to provide maximum support to women employees for their wellbeing as well as their newborn child or adopted child. This covers both pre and postnatal care. The policy complies with the Maternity Benefit Act, 1961.

This policy template is available for download in Word format.

With this Maternity Leave Policy template, you can:

• Standardise the policy for adherence
• Save time and effort for managers/HR staff
• Bring in consistency in interpretation and implementation

In just a few minutes, you will be able to create a maternity leave policy. This policy covers rules to be followed with respect to:

• Support that an employee can seek and get from the organisation
• Quantum of leaves and benefits one can avail
• Continuity of business and minimum disruption to process or business

Maternity Leave Policy

Objective

< Company Name Here > aims to reinforce the organization’s commitment towards the well being of all its employees. In line with that vision, the Maternity Leave Policy is introduced to support the needs of its women employees who are expecting a child and/or require time to care and bond with their new-born.

Scope and Applicability

This policy applies to all women employees of < Company Name Here >. The Company acknowledges the fact that both pre-post natal care is vital for the health and recuperation of the employee. The policy covers time off required for adoption of a child. Accordingly, the policy is set to provide guidelines and eligibility to employees as well as administrators for smooth execution and support. It is also in line with the statutory obligations as required by the labour laws of India.

This policy is owned by < Name of the Person > and reachable @ < Contact Number > and < email address >

Policy / Process

Definition

Maternity leave is a temporary absence from work and applies to expectant or new mothers who require time off for medical care during pregnancy, childbirth and child care.

Maternity leave can also be availed in the event of adoption of a child.

Maternity Leave Duration

The minimum amount of maternity leave an employee is entitled to is defined by the law and may include compulsory or extended leave. The company may choose to provide employees with more time off for maternity reasons than the legal minimum, depending on the situation and medical advice from the employee’s doctor.

Maternity leave can be availed for 26 weeks, of which the pre-natal leave is eight weeks. However, the employee with already two or more children is entitled to 12 weeks’ maternity leave.

The policy also provides for adoption leave of 12 weeks for an employee who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman”. The woman who gives birth to the child is called a host or surrogate mother. 

Compensation & Eligibilities During Maternity Leave

The maternity leave is a fully paid leave. Employees will be eligible for full pay on completion of at least 80 days in < Company Name > in the last 12 months, prior to the expected date of delivery. Additionally, the employee is entitled to a medical bonus of Rs.3,500/-.

Procedure

An employee who desires to avail maternity leave and its benefits either for childbirth or child adoption must adhere to the following procedure:

• She must give formal written notice to her reporting manager with a copy to HR requesting for maternity leaves at least 12 weeks prior to the date of delivery or adoption.
• She must complete the prescribed forms stating the date of the expected childbirth and the desired beginning date of maternity leave.
• If a certificate of pregnancy or proof of adoption is requested, she must provide one signed by a physician, registered midwife or another appropriate source
• The employee will be officially notified by the HR / reporting manager of the approval of her request. The notification will clearly state the length of the maternity leave the employee can avail with the beginning and end dates. Additional benefits such as pay / maternity bonus will also be explicitly explained.
• If labor occurs earlier than estimated, the beginning and ending dates of maternity leave can be modified accordingly through an official document.
• Employees can contact the HR for any additional information concerning the procedures or other queries.

Special Circumstance and Exception

Any deviation from this policy has to be approved by HR. Any changes to the policy has to be approved by Legal and Compliance.

Non-compliance and Consequence

Non-compliance with this policy, like misuse of benefits or falsification of documents for leaves / compensation, will be construed as a violation of the policy and appropriate action, including up to termination of employment contract, will be taken.