Maternity Leave Benefits in India: A Guide for Overseas Employers

Offering maternity leave is an essential benefit for your employees that are new mothers, but if you are employing abroad you will find many different types and amounts of leave entitlements.

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Most of these are statutory and will need to be factored into the cost of employment and employee availability prior to and following birth.

For your employees in India, you will want to know the exact amount of maternity leave to offer, and when it can be taken.  This guide will show you how to calculate the leave so you can remain in compliance.

Who is entitled to maternity leave benefits?

Any woman employee who has worked for the same employer for a minimum of 80 days during the 12-month period before the date of expected birth, is entitled to maternity leave.  The important point about this rule is that it has to be the same employer, and the 80 days cant be carried over to a new employer. 

What are the maternity leave benefits in India?

The maternity leave benefit was increased in 2017 to 26 weeks of paid leave, and 12 weeks to adopt a child younger than three months.  It can be taken pre-birth for up to 8 weeks, and the remainder after delivery.  For employees that already have two or more children, the leave period is shortened to 12 weeks.

Is there paternity leave benefits in India?

There are... read more

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Tim Burgess

Director, Shield GEO Services Ltd