In eligible covered employment, the general maternity benefit may be available for up to 26 weeks. The period is not the same in every situation; the number of children, length of service and applicable arrangements must be considered.
Under the Social Security Code, the general eligibility requirement is to have worked for at least 80 days during the 12 months preceding the expected delivery. The general period is 12 weeks for an eligible woman who has two or more surviving children. Separate provisions apply to situations such as ESI coverage and adoption. There is also protection against dismissal on account of protected maternity absence.
What should you do now?
- Ask HR for the applicable maternity policy and details of statutory coverage in writing.
- Give the required notice and dates of leave in accordance with medical advice.
- Keep a record of any denial of benefits or adverse action, and check the available remedy with the appropriate authority.
Which documents should you keep?
Employment records, a medical certificate, the leave request and the employer’s response.
Do not make this mistake
Do not assume that company policy is expressly permitted to provide fewer rights than the statutory minimum.
A hypothetical example
The leave entitlement may differ between an eligible employee experiencing her first pregnancy and an employee who already has two surviving children. Do not reach a conclusion based only on the employer saying “26 weeks”; check the coverage and the applicable statutory category.
Is working from home automatic after maternity leave?
No. Depending on the nature of the work and the applicable provisions, mutual agreement and the relevant conditions are important.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.