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What is rule of maternity leave?

Author

Charlotte Adams

Published Feb 23, 2026

What is rule of maternity leave?

As per the amendment made to the Maternity Benefit Act in 2017, the maternity leave duration allowed is now 26 weeks, compared to the previous time period of 12 weeks. To be eligible for the Maternity Benefit Act, a woman must have been employed at the establishment for at least 80 days in the last 12 months.

Keeping this in consideration, how is maternity leave pay calculated?

The basic rate used to calculate maternity and standard parental benefits is 55% of average insurable weekly earnings, up to a maximum amount. In 2020, the maximum amount is $573 a week. For extended parental benefits, this rate is 33% of average insurable weekly earnings, up to a maximum amount.

Additionally, can maternity leave be taken before delivery? As per the law, you may begin your pregnancy leave any time in eight weeks before delivery but you can't take more than that preceding your due date. If you're bearing a third child, your pre-delivery leave can only last one and a half months.

Keeping this in view, how long can you take before maternity leave?

Employee eligibility

Employees are eligible for maternity or parental leave if they've been employed at least 90 days with the same employer. Employees with less than 90 days of employment may still be granted leave. However, their employers aren't required under employment standards legislation to grant them leave.

Is maternity leave paid in India?

India's seemingly generous maternity law benefits merely 1% of its women. In 2017, the country passed the Maternity (Amendment) Bill that increased the right to paid maternity leave for working women from 12 weeks to 26 weeks—the third highest in the world.

Do you get full pay while on maternity leave?

Statutory Maternity Pay is the legal minimum your employer normally has to pay you while you're on maternity leave.

Is full salary paid during maternity leave?

The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work.

Can I apply Cerb while on maternity leave?

If I am on maternity/parental benefits, am I eligible to apply for the CERB? You cannot receive maternity or parental benefits at the same time as the Canada Emergency Response Benefit.

How can I make money while on maternity leave?

Whether you're lucky enough to have six months of paid maternity leave or just a few weeks without pay, there are plenty of ways to get paid while on maternity leave.
  1. Find Unclaimed Money.
  2. Sell Gift Cards.
  3. Freelance.
  4. Rent Out an Extra Space in Your Home.
  5. Start Investing.
  6. Recycle.
  7. Sell Your Art.
  8. Save with Online Coupons.

How long do doctors recommend for maternity leave?

The 12 weeks after birth are a crucial time for mom to recover physically and bond with baby. And research has shown that taking time off has benefits for parents and employers, including increasing the odds you'll breastfeed for longer and that you'll be at your same company a year later.

Can I split my maternity leave?

Parents can take up to a maximum of 50 weeks as SPL, and a maximum of 37 weeks of Shared Parental Pay (ShPP). You can take SPL at a different time from your partner/other parent, or at the same time. For example, a woman can be on maternity leave and her partner can be on shared parental leave at the same time.

When should a woman stop working when pregnant?

Most women can physically handle their usual workload up until about 32 to 34 weeks of pregnancy. Around this same time, many women are also shifting their mental focus from their job towards being a new mother, and that can affect the decision on when to stop working.

Are weekends counted in maternity leave?

Yes. The maternity leave period is counted in calendar days, inclusive of Saturdays, Sundays, and holidays. This is in consonance with the Page 4 4 rule that maternity leave should be availed of in a continuous and uninterrupted manner.

Can I take 2 years maternity leave?

You don't have a right to more than a year of maternity leave, but your employer might agree to let you take extra time away from work. Any extra time won't be classed as maternity leave, so you won't have your maternity leave rights for that time.

Can I take maternity leave at 3 months pregnant?

You can start receiving maternity benefits as early as 12 weeks before your due date or the date you give birth. You cannot receive these benefits more than 17 weeks after your due date or the date you gave birth, whichever is later.

How can I extend my maternity leave in India?

The extension depends on the health of the child and the mother. You can submit medical proof and get an extension. However, post 26 weeks, the leave is usually unpaid. In Case If You Extend Your Leave Because Of Medical Reasons Then You Are Entitled To An Additional 30 Days Paid Leave.

How many hours can a pregnant woman work by law in India?

India already provided for maternity benefit through the Maternity Benefit Act, 1961 ("MB Act"). The MB Act, applicable to an establishment with 10 or more employees, inter alia provided for paid maternity leave of 12 weeks to a female employee who has worked for 80 days in the preceding 12 months with the employer.

Who is eligible for maternity leave in India?

Eligibility. As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence.

Can you fire a pregnant woman in India?

It clearly restricts the employer from dismissal of a woman during absence or pregnancy or to give notice of termination of her services during or on account of such absence. Section 17 and 21 of the Act provide for the relevant actions and appropriate remedy a woman can take against any violations of the Act.

Is maternity leave paid in TCS?

TCS Maternity & Paternity Leave

For maternity leave can be taken for 6 months which can be latet extended for one year as lop. 6months paid leave whihc can be extended if required.

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