MATERNITY BENEFITS

The Maternity Benfefit Act, 1961, provides for prenatal and postnatal benefits for a female employee in an establishment. Post 2017 ammendments, the duration of paid-leave for a pregnant female employee has been increased to 26 weeks, including 8 weeks of post natal paid leaves.

In case of a complicated pregnancy, delivery, premature birth, medical termination, female employees are entitled to one month paid-leave. In case of tubectomy procedure , only two weeks of paid- leave is provided for.

Pregnant female employees cannot be discharged or dismissed on account of such absence. Such employees are not to be employed by the employer within six weeks of delivery or miscarriage. If dismissed they can still claim the maternity benefits.

In India, men do not get any paid paternity leave. The Central Government provides for the child care leave and paid paternal leave. But in case of private sector, it is a discreationary right of employer.

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