Pregnancy stands as a sacred phase wherein the deep bond between a mother and her growing child blossoms, transcending mere physicality. The transition from pregnancy to motherhood holds profound significance, treasured by each new mother.

However, what about expectant mothers navigating the professional realm, eagerly anticipating their journey into motherhood? The strong support in Indian culture, before and after having a baby, shows how vital it is to give working moms the same care. This is why the Maternity Benefit Act, supported by the Indian government, lets expecting mothers take time off work to focus on their family duties.

What is Maternity Benefit? 

Maternity benefit is payment from your employer during pregnancy-related absence. It covers time before, during, and after delivery. Your employer provides payment determined by your average daily wage, computed from earnings over the last three months. You’re eligible for 26 weeks of maternity benefits, including 8 weeks prior to delivery. 

If you pass away within these 8 weeks, benefits are paid until your death. With two or more surviving children, you get 12 weeks, 6 before delivery. If you die during or after delivery and the child lives, you receive benefits for the entire period. If the child dies too, benefits are paid until the child’s death. The payment goes to the woman’s nominee.

How can you claim Maternity Benefits?

To claim benefits of maternity leave in India, give written notice to your employer stating your leave start date. Nominate someone to receive benefits if desired. Your leave begins once the employer receives notice. Advance payment for the pre-delivery period requires proof of pregnancy. After childbirth, provide proof within 48 hours to claim benefits.

For miscarriage or abortion, take six weeks paid leave. Tubectomy operation grants two weeks leave with wages plus a medical bonus of Rs. 1000. If not provided free medical care, claim the bonus. Additional one-month leave with wages available for pregnancy-related illnesses. Provide proof for each event.

Upon return, take two nursing breaks daily until your child is fifteen months old. If your workplace has over fifty employees, a crèche should be available for four visits a day. Dismissal during maternity leave is prohibited, as is changing work conditions to your disadvantage. Dismissal is allowed only for gross misconduct, forfeiting maternity benefits. Salary deductions for lighter duties or nursing breaks are not permissible.

Eligibility for Maternity Benefits in Adoption and Surrogacy Situations

Maternity benefits in India apply to adoption and surrogacy. For adoption or surrogacy, claim benefits for 12 weeks. Eligibility requires working 80 days in the past 12 months. If taking up new employment during maternity leave, benefits are forfeited.

You’re entitled to maternity leave in India for the duration of benefits received—26 weeks in total, taken all at once or in parts. After delivery, miscarriage, or abortion, six weeks of rest are mandatory. Request lighter duties from your employer during pregnancy to safeguard your health and the fetus’. This request can be made within one month before the six weeks preceding delivery or any time within those six weeks if not taking leave.