It’s Mat Leave Monday! Today I am talking about maternity leave in India. I have no first-hand experience, so if you would like more detailed information you can read the Maternity Benefit Act of 1961 and its 2008 amendment, a summary of Maternity Law in India, this article from Seasons, or information on Central Government employees.
India is, of course, the world’s second most populous nation. According to Wikipedia its 2008 population was estimated to be in excess of 1.14 billion. It’s a developing country, and an estimated 42% of its population lives under the global poverty line. Infant mortality rates are high, estimated at 32.3 per 1000 live births, compared to 5.1 for Canada and 6.9 for the US. In India the stakes are high, and policies that promote infant health, such as good maternity leave, are critical.
In India, maternity leave is funded by employers. The government sets a minimum standard, but different employers may offer different plans. There is no mandated paternity or adoption leave in India.
All new mothers in India are eligible for 12 weeks of maternity leave, which may start up to 6 weeks before delivery. Employers may not terminate women for pregnancy or taking leave. Unfortunately, maternity leave is considered an inconvenience by many Indian employers, and so while protection is afforded by the law some employers avoid hiring women, or make a new mom’s life difficult so that she quits.
To qualify for maternity leave you must have worked at least 80 days during the previous 12 months. Only working days count, although vacation and leave are counted as working days. Women who experience illness arising out of miscarriage, premature birth, pregnancy, or delivery and who have a medical certificate qualify for an additional month of leave. Also, women may request light duties for the month preceding their leave.
Maternity pay is set at 100% of a woman’s average daily wage, and is paid in advance.
After returning to work, women may receive twice daily nursing breaks until their baby is 15 months old. This is to encourage breastfeeding, which is viewed as an important measure to reduce infant mortality.
Women who work for the Central Government qualify for a much better maternity package. Effective September 1, 2008 they qualify for 180 days of maternity leave. In addition, during the tenure of their service they may take up to two years of Child Care Leave to take care of a child under 18 years of age. This leave can be taken in intervals, and is also paid at a woman’s full salary.
The Indian government is working to improve the health of its people, and maternity and family policy is one way they are doing that. Important steps are being taken, and hopefully will soon expand to cover all Indian women.
Now, for a complete change of pace. Let’s lighten the mood a bit. Somehow I just couldn’t end a post about India without a Bollywood dance number. Enjoy!
Hey, it’s better than Australia, right? (that’s just going to be my stock answer now):)
The video was awesome.
I still cannot believe how little most countries give.
Aishwarya Rai is awesome. I couldn’t resist renting “Bride and Prejudice,” a couple of years ago (a mashup of Bollywood and Jane Austen), and even with the Americans trying to dance in the Indian style, it was a fun one!
What is the remedy if Child care leave is refused in Central Government office . Thanks
I’m afraid that I can’t answer your question. I am in Canada, and I wrote this post only for the interest of other North Americans who might want to know a little bit about maternity leave in India. I think you would need to ask someone in India for help with your question.