Eligibility and Coverage
- The law applies if your establishment has 10 or more employees.
- Covered roles include permanent, contractual, temporary and agency hires.
- Employee eligibility generally requires at least 80 days of work in the 12 months prior to the expected delivery date.
Leave Entitlements
Childbirth
- First two children: 26 weeks of paid leave. Up to 8 weeks can be taken before delivery and the balance after.
- From the third child onward: 12 weeks of paid leave.
- The first 6 weeks after childbirth are compulsory rest. No work is allowed in this period.
Other situations
- Adoption and commissioning mothers: 12 weeks of paid leave if the child is under 3 months at handover.
- Miscarriage or medical termination: 6 weeks of paid leave immediately after the event.
- Pregnancy related illness or complications: up to one month of additional paid leave with medical advice.
Salary and Benefits During Leave
- Maternity leave is fully paid. Pay should match normal wages including regular allowances.
- If increments or salary revisions fall during leave, apply them as usual.
- If you do not provide free pre and post natal care, pay the statutory medical bonus.
- Maternity leave counts as continuous service for seniority, gratuity, leave accrual and PF.
Offrd can streamline the paperwork. Use the Payslip Generator to keep payouts accurate and on time.
What Employers Cannot Do
- No termination or adverse action due to pregnancy or maternity leave.
- No notice of termination that expires during maternity leave.
- No reduction of salary, seniority or benefits because of maternity leave.
- No request to return before the statutory leave ends. No work is allowed in the first 6 weeks post delivery.
- No hazardous or strenuous assignments during pregnancy. Offer lighter duties when needed.
Employee Rights and Return
- Right to return to the same role or an equivalent role with the same pay and benefits.
- Right to be considered for promotions, appraisals and bonuses as if working. Leave should not cause disadvantage.
- Right to continuous service credit during maternity leave.
After Return to Work
- Allow two paid nursing breaks each day until the child is 15 months old.
- If the establishment has 50 or more employees, provide a crèche and allow visits during the workday.
- Consider flexible arrangements or work from home where the job permits. This supports retention and productivity.
Penalties for Non Compliance
- Violations can lead to fines and potential imprisonment for responsible officers.
- Courts can order payment of any unpaid maternity benefits to the employee.
- Reputational risk is significant and affects hiring and retention.
HR Checklist for SMEs
- Confirm eligibility and expected dates with written notice.
- Record leave blocks in the payroll calendar and apply increments if due.
- Plan role coverage and handover. Document it.
- Arrange lighter duties during pregnancy as needed.
- Schedule a return to work conversation and set up nursing break support. If you are 50 plus, confirm crèche access.
Key FAQs
Can we reduce pay to basic during maternity leave
No. Pay should reflect normal wages including regular allowances. If a hike falls due, apply it.
Can we ask an employee to return earlier
No. You cannot shorten the statutory leave. The first six weeks after childbirth are compulsory rest.
Do we need to consider promotions and appraisals during leave
Yes. Assess on merit as usual. Leave must not cause disadvantage.
Can we terminate after she discloses pregnancy
No. Termination or adverse action because of pregnancy or maternity leave is unlawful.