Law and justice explained
How Much Maternity Leave Is Available, and Can You Be Fired During Pregnancy?
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.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- 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 eligibilit…
- The general period is 12 weeks for an eligible woman who has two or more surviving children.
Detailed analysis
Understanding law and procedure
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.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.