Maternity Leave Policy in India

 

Although a woman and her unborn child bond during the sacred period of pregnancy, this goes much beyond that. Every new mother wants to treasure the experience of going from being pregnant to becoming a mother.

But what about soon-to-be mothers who are looking forward to starting their motherhood journey and are employed? Our Indian culture is deeply established with regard to the assistance that Indian moms receive both before and after they have a child. Thus, it becomes reasonable to place the same emphasis on parenting at work. Only the Maternity Benefit Act, approved by the Indian government, makes it possible for expecting women to prioritize their families and take time off from work in the form of maternity leave.

Working women can make use of maternity leave, which is time off from work that is sanctioned before and/or after childbirth. The laws governing maternity leave in India are outlined in the Maternity Benefit Act of 1961. Women who meet the requirements for maternity leave and who work for accredited organizations or factories may apply for up to six months of leave under this Maternity Act. Maternity leaves can be taken by female employees before or after childbirth. Their maternity leave may extend into the time before and following delivery. The woman's employer is required to pay her the total amount of her wages during this absence.

Employers may offer additional maternity leave to their female employees in addition to India's statutory maternity leave laws. To secure and defend the interests of their female employees, the Maternity Benefit Act has undergone numerous updates. This Act, which was most recently revised in 2017, covers remote or hybrid employment types in addition to giving new moms more paid time off.

The Maternity Benefit Act in India assists mothers both before and after childbirth. It ensures and defends their livelihood and interests, enables them to care for their infants while taking care of themselves, and

The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfills this requirement, then she can utilize this mandated maternity leave and any further leave or benefits that her employer provides her. 

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfill the criteria that determine the categories of motherhood in India. Commissioning, or surrogate mothers, are also entitled to up to 26 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents. 

• Pregnant women 

• Women adopting a child 

• Women who experience a miscarriage 

• Surrogate or commissioning mothers 

                                                                                                                                                                                                                                 

Employment Law - Leave Policy in India

The relationship between a worker, a trade union, and the general government is represented by the field of law known as labour law. It is crucial for preserving workers' rights, their unions, and pay. It also helps to forge a connection between employers and employees. It is a safeguarding code for laborers, workers, and employees as well, establishing a standard rule governing labour work practices and educating them about their rights. Labor law and employment law are frequently mistakenly combined. The branch of law that focuses exclusively on the connection between an employer and employee is employment law.

The overarching framework for determining various aspects of leave, such as category or categories, eligibility, duration, etc., is established by employment legislation. Numerous businesses and organizations divide leave into various categories, such as unpaid leave, paid leave, earned leave, maternity leave, special leaves, unpaid leave for the loss of pay, unpaid leave for compensatory reasons, etc.

Leave policies are developed with the unions when employment contacts involve trade unions in the decision-making process. The Industrial Employment Standing Orders Act, created to enforce certain service conditions, references such thorough consultation.

In India, three different types of leaves—earned leave, sick leave, and casual leave—are typically observed. For various types of leaves, multiple laws have varied provisions.

1. Earned Leave

2. Casual Leave ( Casual Leave)

3. Sick / Medical Leave

4. Maternity Leave 

                                                                                                                                                                                                                                     

Labour Act 1970 Advisor

 

The Supreme Court defined the phrase "Exercise of control and supervision" in International Airport Authority of India v. International Air Cargo Workers' Union ((2009) 13 SCC 374). According to the court, "If the contract is for the supply of labour, necessarily, the labour supplied by the contractor will work under the orders, supervision, and control of the principal employer, but that would not make the worker a direct employee of the principal employer, if: 

(i) the salary is paid by a contractor;

(ii) the right to regulate the employment is with the contractor, and

(iii) the ultimate supervision and control lie with the contractor.

When contract labor is given to him, the principal employer is the only one who oversees and directs the job that will be done by that labor. But whether the employee is to be assigned/allocated to the principal employer or used in another manner is up to the contractor in their capacity as the employer. In other words, because the worker is an employee of the contractor, the contractor has the last say over where, for how long, and under what circumstances the employee will work. The worker is only under the principal employer's supervision and control when the contractor assigns or dispatches them to work for them; otherwise, it is a secondary control. The contractor has central control.

Call for action: If you deploy contractors. You must have strong internal guidelines and processes that ensure compliance with the regulation, regular audits, Risk assessments, and mitigation to avoid any claims and disputes.

                                                                                                                                                                                                                                         

Origin and History of Labor Law India

 

In interpreting and applying labor law, the court considers the parties' bargaining circumstances of the parties and the spirit of protecting the worker's vehicle class from the harshness of the employer. It's been needed on both sides.

The origins and history of labor law in India probably began in the 1860s, when a Bombay factory in 1872 drew public attention to the dire working conditions in the factory. As a result, the Factories Act was first enacted in 1881, amended several times, and finally took shape in 1948, now called the Factories Act, 1948. Employer benefits for two workers. Industrial workers were granted social security in the form of the ESI Act of 1948 [Employees National Insurance Act], but through the adoption of certain ILO [International Labor Organization] More social security was provided in the form of the Persons Compensation Act. 1927.

Finally, other labor laws are evolving for reasons and purposes that ultimately aim to protect workers' interests ultimately aimed at protecting the interests of workers. Each function in the context of personnel management is subject to national labor laws. Therefore, HR managers must be diligent and careful while performing the tasks regulated by the labor law in question. The HR manager must assess whether a particular role complies with the labor law in question. For the sake of clarity, below we explicitly mention which personnel functions are or are subject to which labor laws. Below are some of the labor laws enacted for specific purposes and all industrial establishments and other manufacturing organizations mentioned in the labor law must comply with what the labor law requires. Otherwise, such organizations will be held liable for the criminal acts of the courts.

A list of the most important HR functions and their underlying legal provisions

Recruitment and sampling

Training and Development

Employee Evaluation

Reward Compensation

Health, safety, and welfare measures

Maintaining working relations, codes of conduct, and discipline.