Dear All,
I’m in the process of creating a Maternity Leave Policy for my organization and would appreciate it if anyone could share a format or key points to include. Your help would be greatly appreciated.
Thanks,

From India, Ahmedabad
You can take the Maternity Benefits Act as the base for your policy. Then you can make some changes according to your company norms. Please remember that the policy should be more favourable to your female employees. No way it shall be less favourable. For example, the Act applies to commercial establishments employing ten persons. If your establishment has less than ten employees, you can bring in the Policy for your establishment. Similarly, under the Act there is a provision, viz, eligibility to maternity leave, which says that every woman employee who has worked for 80 days in the 12 months preceding the date or expected date of delivery shall be eligible to leave. This can be made as 79 or lesser days but not 81 or more than 81 days under your policy. Similarly, under the Act there is a provision that the women employees are to be given leave with wages for 26 weeks, and you cannot make it less than 26 weeks, but of course, you can make it more than 26 weeks. Also, there is a provision of leave for 12 weeks in the case of commissioning mothers and woman adopting child. You should not reduce or change this under your policy. There is a provision for payment of Rs 3500 as medical bonus. You can increase it but you cannot decrease it. Moreover, you should be able to extend the maternity leave till the expiry of 26 weeks to an employee whose period of employment as per the fixed term contract expired in between. Also, when the Act says that if the woman dies after the delivery leaving behind the child, then the dependents should be paid salary for the period of maternity leave.

In short, in HR there are lot of such policies which are regulated by specific laws. Even if you do not have separate policy, the Act will bind you. Then what is the meaning in framing a policy? It will only make the HR "busy".....!!

From India, Kannur
Policy Objective

To provide eligible female employees with maternity benefits, ensuring compliance with the Maternity Benefit Act, 1961, and promoting a supportive work environment.

Scope

This policy applies to all eligible female employees of [Company Name], including permanent, temporary, and contract employees.

Definitions

1. Maternity Benefit: The payment made to an eligible female employee during her maternity leave.
2. Eligible Female Employee: A female employee who has worked for at least 80 days in the 12 months preceding her maternity leave.
3. Maternity Leave: The leave granted to an eligible female employee for a period of 26 weeks (extendable to 30 weeks in case of complications).

Eligibility Criteria

1. The employee must be a female worker.
2. The employee must have worked for at least 80 days in the 12 months preceding her maternity leave.
3. The employee must provide proof of pregnancy and expected date of delivery.

Maternity Benefits

1. Maternity Leave: 26 weeks (extendable to 30 weeks in case of complications).
2. Maternity Benefit: Payment of average daily wage for the period of maternity leave.
3. Medical Bonus: ₹5,000 (one-time payment).

Procedure for Availing Maternity Benefits

1. Notification: The employee must notify the HR department of her pregnancy and expected date of delivery at least 8 weeks prior to the due date.
2. Application: The employee must submit an application for maternity leave and benefits, along with required documents (e.g., medical certificate, proof of pregnancy).
3. Approval: The HR department will verify the employee's eligibility and approve the maternity leave and benefits.
4. Payment: The maternity benefit will be paid to the employee in accordance with the Act.

Responsibilities

1. Employee: Provide timely notification and required documents.
2. HR Department: Verify eligibility, approve maternity leave and benefits, and ensure timely payment.
3. Management: Support and approve maternity leave and benefits.

Compliance

This policy is designed to comply with the Maternity Benefit Act, 1961, and related amendments.

From India, Bengaluru
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