What Is A Maternity Leave?
The time period when a woman who works for an employer takes time off from work after giving birth to a child is what defines maternity leave. The maternity leave act mandates that employers must provide time off to pregnant female employees, while the amendment in 2017, further mentions entitlements that apply to employees working for companies with 10 or more workforce. Following are the key points under the amendments:
- The paid maternity leave for working women in India has been increased from 12 weeks to 26 weeks.
- Only 12 weeks of maternity leave will be available to a working mother who has already given birth to two children.
- A working woman adopting a child under 3 months will be eligible for maternity leave of 12 weeks.
- A “work from home” facility has also been introduced, which may be opted for following the completion of the 26-week leave term.
- The Maternity Benefit Amendment Act further mandates that every company with 50 or more workers builds a crèche facility.
What Are The Factors That Need To Be Included In A Maternity Policy?
The maternity leave policy is designed to offer specifications and regulations to both administrators and employees for efficient execution and assistance during maternity leave application. Here are a few things your organisation’s maternity leave policy needs to address in order to be efficacious:
Fair treatment
An organisation’s maternity leave policy must reassure its employees that they will be safeguarded against any discrimination at work because of their maternity leave. The maternity leave policy should expressly indicate that an employee who is pregnant or on maternity leave will not be subjected to unfair treatment or undesired conduct as a result of their condition.
Crèche facility
If you want new mothers in your organisation to work without feeling overwhelmed, you must establish a crèche facility. Furthermore, the Maternity Benefit Act of 2017 mandates the need for a business with 50 or more employees to build a designated crèche system. The law further permits a working mother to make up to 4 daily trips to the crèche to check up on her child and 2 nursing breaks in a day. Thus, the maternity leaves policy of your business should include the components of the crèche facility as well as the visiting guidelines for new mothers.
Right to be paid
The Maternity Benefit Act stipulates that a woman employee would receive maternity benefits at the rate of her average daily earnings prior to the maternity leave. However, some state regulations state that in order to obtain these benefits, the employee must have put in at least 80 days’ worth of work for the company before the projected date of maternity leave. The details of your pay structure and eligibility regulations must be expressly stated in your company’s maternity leave policy to avoid any ambiguity in the future.
Maternity leave duration
The 2017 amendments necessitate that working women now receive a 26-week paid leave instead of the prior 12-week break. However, the expectant employee is free to choose how to divide the maternity leave period. Most pregnant employees take 8 weeks off before giving birth and the remaining time after. While most companies uphold the rules and give their female employees 26 weeks of maternity leave, some provide additional permitted time off. Thus, your company’s maternity policy needs to specify the duration of offered maternity leave.
Right to resume work
Female employees have a right to return to their previous position following the maternity leave, according to the Maternity Leave Act of 2017. The employee’s pay and position must either stay the same or improve following her maternity leave; nonetheless, they cannot be decreased. Your company policy should thus make it a point to mention that the organisation will not engage in maternity discrimination or unjust dismissal through its maternity policy, and rather display support and encouragement.
Critical illness post maternity
Though motherhood can seem like a pleasant and exhilarating process, however, it can be a notably complicated period, and for many mothers, be particularly detrimental. According to the Maternity Leave Act of 2017, women who experience serious postpartum conditions such as early labour, miscarriage, medical termination of pregnancy, postpartum depression, etc. are granted an additional month off from work. Employers are always free to provide benefits above the basic requirement, however, the particulars of crucial post-maternity illness benefits should be explicitly stated in your company’s maternity policy.
Filter by types of maternity
The policy should include specific legal regulations of maternity leave and job protection around different types of pregnancies. Such as in the case of a tubectomy, the employee starting from the day of the procedure, upon submission of the required documents, can choose to take two weeks off from work. On the other hand, in the event of adoption, the adoptive mother is entitled to a 12-week leave that begins on the day of the adoption if the adopted child is under 3 months old.
Flexible work options
In accordance with the nature of their role, new mothers can decide to work from home after their 26-week maternity leave is up. However, the employer and the employee will need to agree on the terms for this in advance, depending on the nature of the work at hand.
Benefits Of An Efficient Maternity Leave Policy
While this fact cannot be denied that maternity absences may incur financial costs for a company, it is proposed that an effective maternity leave program may ultimately benefit businesses in a number of ways. The advantages of your company having a robust maternity leave policy include the following:
Empower female staff
By allowing new mothers to recover from the physical and psychological impacts of pregnancy and childbirth, maternity leaves empower female employees. The time off can enhance their general health and stance on life, which can help them to perform better at work after they return. Additionally, your female employees can take on greater responsibility at work when you give them more freedom. Due to this increase in their involvement in tasks, they are able to develop personally while becoming more valuable to the company.
Attract top talent
The competition in today’s market is fierce, therefore in order to attract top personnel to your company and stay one step ahead of your competitors, you must go above and beyond the standard leave compensation. Thus, by offering first-rate maternity benefits, you can develop the most efficient workforce which can help in recruiting the most talented employees.
Enhanced motivation
It has been demonstrated that satisfied employees are a valuable asset to the business. For working women, juggling parenting and a career can be challenging. It’s common for mothers who work to feel guilty about not spending enough time with their newborns. However, businesses that offer exceptional family benefits can broaden their network of support that helps them raise their spirits and be inclined to put in more hard work.
Tips for maternity policy
A structured approach can make the process of drafting a maternity leave policy a lot easier. Following the suggestions mentioned below can help you design a successful maternity leave policy:
Consult a specialist
Due to the disparities in their coverage, benefits, and method of funding the benefits, it is difficult for the enterprises to adhere to the requirements of state and national laws. To ensure that your company’s HR activities are consistent with the government employment legislation and the most recent Maternity Benefit Act amendments, it is advised to connect with an expert consultant when drafting a maternity policy.
Obtain employee opinions
Get feedback from your workforce concerning the structure of your maternity leave policy. Following this, take into account their requests and explore the modifications you should make to the existing policy. Your responsibility is to make sure that your staff members feel free to express their needs and concerns during this stage in order to revamp the maternity policy to make it more coherent.
Policy awareness
The most crucial piece of advice goes well beyond implementing the regulations and extends to educating your personnel on the maternity policy. Having revolutionary policies will only serve its purpose if your workforce is fully aware of them. Thus, build a strategy to explain your parental leave policy to both prospective and current employees.
Building a safe workspace for female employees is vital, since motherhood is a time of intense emotion. Thus, your company’s policy handbook must include the maternity leave policy and be accessible to all female employees. In addition to being significant for employees, offering adequate maternity leave benefits is an essential component for your organisational expansion and attracting top talent.
