MATERNITY AND PATERNITY LEAVE ALL
Mandatory 120 days of paid leaves at the rate of 100% of wages with additional 60 days at the option of the employer.
Companies that choose to grant the additional 60 will have the right to a tax benefit equal to the amount of the salary of the employee during this extension period.
Varies between 15-17 weeks (depending on the province) of paid maternity leaves.
Maternity leave benefits are paid out by the federal government through Employment Insurance.
The employee will receive wages equal to 55 per cent of the employee's average weekly pay up to a maximum amount which is set by the government each year.
98 days/ 14 weeks of paid maternity leave via insurance
In case of abnormal or difficult childbirth an extra of 15 days of leaves
In case of more than one child in a single birth, an extra 15 days for each additional baby delivered
Additional 'late maternity leave' of roughly 30 days (depending on location) if the female employee is older than 24 years.
52 weeks (12 months), paid for up to 39 weeks in the manner below:
- First 6 weeks: 90% of their average weekly earnings (AWE) before tax
- Remaining 33 weeks: a fixed rate by the government or 90% of their AWE (whichever is lower)
16 weeks of paid leaves for single birth paid at 100% of salary capped at a particular amount (via social security scheme).
34 weeks for twins and 46 weeks for triplets
14 weeks of paid leaves calculated at the rate of 100% of the employee's earnings without any ceiling (via insurance and employers).
Extended leave of 12 weeks for premature or multiple births
14 weeks of paid leaves (6 weeks pre-birth and 8 weeks post-birth) paid at the rate of 66% of the mother's regular salary.
20 weeks (140 days) of paid leaves divided equally pre and post birth.
Wages calculated at the rate of 100% of the average earnings, calculated on basis of employment during 24 months before taking leave, subject to a ceiling based on the ceiling on earnings for social insurance contributions established by the state on an annual basis, the actual number of worked days and the length of the leave.
Maternity leave may be extended to 194 days (approximately 28 weeks) in the event of multiple pregnancies or complications, in which case, 84 days before birth and 110 days after birth may be taken for multiple births (such as twins or triplets) or 86 days after the birth if there are any complications.
12) PRASUTI AND PITRUTAVA RAJA MANJUR KARVA BABAT 8/2/1998 PAGE 1
PRASUTI AND PITRUTAVA RAJA MANJUR KARVA BABAT 8/2/1998 PAGE 2
16 weeks of paid leave at the rate of 100% of the wages up to two children (funded by the employer for 8 weeks and 8 weeks by the government).
For 3rd and subsequent childbirths, the government will pay for the full 16 weeks of maternity leave.
480 days (60 weeks) of paid parental leave out of which 420 days are paid at a rate of 80% of the employee's salary up to a prescribed capped limited (via social insurance).
In case of twins, an additional parental leave of 180 days (6 months)
14. United States of America
Employees working in a firm of 50 or more employees who have maintained employment with the same business for 12 months and have accumulated at least 1,250 working hours over those 12 months 12 weeks, shall be entitled to unpaid leave of 12 weeks.
D. New Set of Compliances
In terms of compliances under the Maternity Amendment Act, private employers will now be required to:
amend their leave policies/ maternity leave policies to reflect the expanded benefits under the 2017 Amendment Act;
include appropriate references with respect to maternity benefits in their employment offer letter / joining docket providing details of maternity benefits under the law;
build in systems, processes and policies to allow working mothers to work from home;
Provide creche facilities for working mothers and develop the infrastructure for the same;
Devise a non-discriminatory performance appraisal system taking into consideration that the fact that the female employee was on maternity leave for 6 months.
Additionally, certain Indian states including Andhra Pradesh, Odissa, Punjab, Rajasthan, Uttar Pradesh and West Bengal which have maternity leave provisions in their state specific legislations, will need to amend those provisions to bring it in line with the Maternity Amendment Act.
A survey by the leading industry body, Assocham15 suggests that up to 25% of female employees give up their career post child birth. Additional maternity benefits like creche facility, work from home, etc. in addition to the extended paid maternity leaves may see demonstrable results in the form of greater number of female employees returning to work post maternity and greater employee retention over a period of time.
Unlike some other countries wherein the costing is borne by the government or shared by the government and the employers or vide social security schemes, in India, the cost of maternity leaves (wages during the leave period) is to be borne by the employer (unless the female employee covered under the ESI Act). Additional requirements such as having a creche facility, etc. would also require employers to establish adequate infrastructure in turn leading to more questions and more expenses. To help reduce the financial exposure on the employer, an option could have been provided in terms of part unpaid leave, something that is common in some of the developed nations.
Given the objective of the statute, there also does not seem to be a valid justification as to why the law should not apply to establishments having less than 10 employees. The amendment fails to extend the applicability of the statute to all establishments irrespective of the number of employees.
The Maternity Amendment Act has not increased the medical bonus amount payable which is currently low and does not match up to the current inflationary trends.
The Maternity Amendment Act has missed out the opportunity to introduce paternity leave and possibly a chance to spread the message that the responsibility of running a family should be of both the parents. Seems like we will need to wait longer for a 'Maternity and Paternity Benefit Act'.
Countries such as the UK, Singapore and Australia have introduced various categories of leaves relating to child birth, including parental leave (enabling parents to share the parental leave in the manner suitable for them), paternity leave, family leave etc. where both the parents receive the benefit of leaves at the time of child birth. This, to an extent, helps parents to strike a balance between their careers and personal life and also ensures that the child gets proper care and attention from both the parents especially in his/her initial years of development. Although the steps taken by the government is commendable, the government has missed out this opportunity to catch up with such requirements.
Although the Maternity Amendment Act is expected to benefit ~1.8 million women across the country, the government seems to have overlooked the recommendation of the Sixth Central Pay Commission and has left out a majority of the workforce that works in the unorganized sector16 in India (estimated to be over 90% of the total workforce).
There have been some news reports that suggests that the increased maternity leave could act as a deterrent for certain employers for recruiting female candidates. While it is hoped that it is not true, it could unfortunately affect all the good work put in so far to promote diversity and inclusiveness of women at workplaces.
MATERNITY AND PATERNITY LEAVE ALL