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ARTICLE · 18 AUGUST 2016

Maternity Leave Length Increased In India

Proskauer Rose LLP
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The Upper House of India's Parliament just passed an amendment to India's Maternity Benefit Act of 1961.

IndiaEmployment and HR

The Upper House of India's Parliament just passed an amendment to India's Maternity Benefit Act of 1961.  The amendment increases maternity leave to 26 weeks of paid leave, a major increase over the current 12 week leave.  It also grants a number of new rights, albeit with important qualifications.  These include:

  • Leave may start up to six weeks before the expected delivery date.
  • The increase to 26 weeks does not apply to mothers with 2 or more children. For them, the leave continues to be 12 weeks.
  • The introduction of 12 weeks of paid leave for mothers adopting a child younger than 3 months old, and for women having a child through a surrogate.
  • Allowing new mothers and their employer to agree to a period of time for the new mother to work from home after the 26 week leave ends.

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