We are a IT firm & having 40 employees. We are a 5 years old company. So far we have maternity leave as this. "3 months paid leave". If some one takes more than 3 months, it's LOP. I have the following questions. Our government says 9 months as maternity leave. Is this applicable to private employees? Because for us it is difficult for us to give more than 3 months paid leave.
Maternity benefits to workers in the private sector are regulated under Employees’ State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 1961 and as such you are bound by the provisions of the act. These acts are applicable on private companies also.
To the best of my knowledge duration is 26 week as of now.
regards
Maternity Leave in Private Sector
Maternity benefits to workers in the private sector are regulated under Employees’ State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 1961. The Government has already enhanced paid maternity leave from 12 weeks to 26 weeks for up to two surviving children under the ESI Act,1948 vide notification dated 20.01.2017. So far as enhanced benefits under MB Act, 1961 are concerned, You have to provide maternity leave for 26 weeks as per amendment act passed by Parliament
26 weeks maternity leave for the first two children is also applicable in private sector w.e.f. March 27, 2017.
As per the latest amendment, you've to extend 26 weeks paid maternity leave to your employees.
The Ministry of Labour and Employment, Government of India ("Ministry of Labour") vide Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the date on which the Maternity Benefit (Amendment) Act 2017 ("MB Amendment Act") has come into force. However, the relevant provision on the "work from home" option will come into effect from 1 July 2017.
Increased Paid Maternity Leave: The MB Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the MB Amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).
Employee awareness: The MB Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.
The Amendments protect the employment of women during the time of her maternity and entitle her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. They are applicable to all establishments employing 10 or more persons.
The employer may permit a woman to work from home if it is possible to do so..
