ARTICLE
18 August 2016

Maternity Leave Length Increased In India

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Proskauer Rose LLP
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The Upper House of India's Parliament just passed an amendment to India's Maternity Benefit Act of 1961.
India Employment and HR
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The Upper House of India's Parliament just passed an amendment to India's Maternity Benefit Act of 1961.  The amendment increases maternity leave to 26 weeks of paid leave, a major increase over the current 12 week leave.  It also grants a number of new rights, albeit with important qualifications.  These include:

  • Leave may start up to six weeks before the expected delivery date.
  • The increase to 26 weeks does not apply to mothers with 2 or more children. For them, the leave continues to be 12 weeks.
  • The introduction of 12 weeks of paid leave for mothers adopting a child younger than 3 months old, and for women having a child through a surrogate.
  • Allowing new mothers and their employer to agree to a period of time for the new mother to work from home after the 26 week leave ends.
  • A requirement for employers to inform women of their right to maternity leave at the time of hire.

The changes still need to be approved by the Lower House of India's Parliament. The amendments, however, have already been approved by the Prime Minister and his cabinet, and the government has a majority of the seats in the lower house. Therefore, it is likely the amendments will be approved shortly. These expanded maternity leave provisions, providing 26 weeks of paid leave, go far past the protections in some other countries, most notably the United States, which provides for a maximum of 12 weeks of unpaid leave under federal law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
18 August 2016

Maternity Leave Length Increased In India

India Employment and HR
Contributor
The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. Our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.
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