Laws about Maternity and Paternity Leave in Private or Government Sector
Central Work
Minister Bandaru Datray has put forward the maternity leave benefit agenda in
parliament on Monday. The government is working on extending the maternity
leave from three months to six months. It is important to know more about
maternity and paternity leave laws. Let us have a look -
The
maternity leave rule was formed in 1961. This provided leave benefits to women
who are about to become mothers while their work period. The first laws for
mothers benefits came into action in the first international labor conference
in 1919. In this leave to female employees for 6 weeks prior to pregnancy and
then 6 weeks after pregnancy was put to action. Some amendments were made in it
in 1952.
Some important points under maternity
leave benefit Law -
No employer can deliberately put any female employee to work before six months after her abortion or pregnancy.
Female employee would be entitled for total 12 weeks of leaves, i.e. six weeks prior and six weeks later after pregnancy.
A female employee can ask the employer to give her light/easier work, ten weeks prior to pregnancy. This step has been taken for the better health of the woman and her child. She would have to submit a written notice for the same to the employer 7 months prior to due date.
If the female employee cannot be present to avail her salary then she can appoint some person on behalf of her for the same.
Until the newborn is of 15 months of age, the female employee would be entitled for two breaks in the day of 15 minutes each for feeding her child.
For the operation of abortion and sterilization, all female employees are entitled for 6 weeks of leave with pay.
Any female would be entitled for maternity leave if she has worked minimum for a year earlier in the organization and has worked for at least 80 days in a year.
The Maternity benefits-
If the female employee is not well then she can be granted one more month of leave other than 12 weeks of maternity leave.
No female employee can be terminated during pregnancy nor can be kept devoid of her maternity benefits. If such is the case then she can appeal under appellate authority within 60 days of joining the job.
Her salary cannot be decreased while she is pregnant. If that happens then the concerned person can be jailed for three months and fined up to five thousand rupees.
Many amendments have also been added to the maternity laws. As the amendment in 2008 says all female employees, becoming mothers would be entitled for a medical bonus of thousand rupees.
All those females who are not on roll of the company will also avail the benefits of maternity leave laws under the 1961 benefits rule. This was amended under the case of female employee of municipal corporation Delhi. The law states that benefits should be given in such a ways that the female employee gets healthier to take care of her baby.
The appeal for increasing the maternity benefits from 12 to 24 weeks was done at 44th Indian Labor Conference.
Paternity Leave -
Under paternity leave, the male employee can avail 15 days paid leave to take care of his wife and child. This can be availed by the male employee twice in his work tenure. The main difference between maternity and paternity leave is the number of days granted for the male employee is fifteen with pay.
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| Maternity and Paternity Leave |
Nandita Jha, High Court Advocate, Delhi
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