Published by: PEAK Business Consultancy Services | Website: www.ourtaxpartner.com
Table of Contents
- Introduction
- 1. Applicability of Maternity Benefit Act in Kerala
- 2. Duration of Maternity Leave
- 3. Eligibility Criteria for Maternity Leave
- 4. Maternity Leave Salary and Benefits
- 5. Maternity Benefits Under ESI Scheme
- 6. Additional Benefits and Entitlements
- 7. Maternity Leave Application Process
- 8. Rules for Private Sector Employees in Kerala
- 9. Employer Violations and Legal Remedies
- Conclusion
Introduction
Maternity leave is a critical right for working women, offering them the time and financial support needed before and after childbirth. In Kerala, maternity leave is governed by the Maternity Benefit Act, 1961, as amended in 2017. This detailed guide explains the maternity leave rules, eligibility, benefits, and legal rights of women employees working in Kerala across government and private sectors.
1. Applicability of Maternity Benefit Act in Kerala
The Maternity Benefit Act applies to:
- All establishments with 10 or more employees
- Factories, plantations, mines, shops, and commercial establishments
- Government and private sector organizations
- Contractual and temporary women workers, if employed for more than 80 days in the 12 months preceding delivery
Kerala has adopted all central amendments under the Maternity Benefit (Amendment) Act, 2017.
2. Duration of Maternity Leave
As per the latest rules:
- 26 weeks of paid maternity leave for women with less than 2 surviving children
- 12 weeks of paid leave for women with 2 or more surviving children
- For adoptive mothers: 12 weeks of leave (if the adopted child is below 3 months)
- Surrogacy commissioning mothers: 12 weeks of leave starting from the date the child is handed over
- 8 weeks of leave can be availed before the expected delivery date
3. Eligibility Criteria for Maternity Leave
To be eligible for maternity leave:
- The woman must have worked at least 80 days in the 12 months immediately before the expected date of delivery
- She must be employed in an organization that falls under the Maternity Benefit Act
- The leave applies to both permanent and temporary women employees
4. Maternity Leave Salary and Benefits
Women employees are entitled to receive:
- Full wages (last drawn salary) during the leave period
- Medical bonus of ₹3,500 if no prenatal or postnatal medical care is provided by the employer
- Paid leave for illness arising from pregnancy, miscarriage, premature birth, or medical termination of pregnancy (up to 1 month)
Payment should be made in advance for the pre-delivery period and within 48 hours of submitting proof for post-delivery leave.
5. Maternity Benefits Under ESI Scheme
Women employees covered under the Employees’ State Insurance (ESI) scheme can claim maternity benefits from ESIC:
- Applicable for insured women earning up to ₹21,000/month
- Maternity benefit is paid at the rate of 100% of the average daily wages for 26 weeks
- Must have contributed for at least 70 days in the 2 preceding contribution periods
- Apply through ESIC dispensary or employer’s ESI portal
6. Additional Benefits and Entitlements
- Work from Home: May be allowed after maternity leave if the nature of work permits (mutual agreement with employer)
- Crèche Facility: Mandatory for establishments with 50 or more employees (with crèche within 500 meters)
- Nursing Breaks: Two nursing breaks for child care until the child is 15 months old, in addition to the regular breaks
7. Maternity Leave Application Process
- Inform your employer in writing (with expected delivery date and doctor’s certificate)
- Submit Form 1 under the Maternity Benefit Act (if applicable)
- Request advance payment for pre-delivery leave period
- Apply for postnatal leave by providing a hospital/birth certificate
- Retain all medical records for insurance claims
Most employers in Kerala require a formal leave application letter and medical certificate.
8. Rules for Private Sector Employees in Kerala
- Private employers must comply with the Maternity Benefit Act
- Denial of maternity leave is a punishable offense under Section 21 of the Act
- Kerala Shops and Commercial Establishments Act also offers additional protections
- Companies must not terminate or discriminate against women during maternity leave
9. Employer Violations and Legal Remedies
- Non-payment or denial of leave can be reported to the Labour Commissioner of Kerala
- Women can approach the Labour Court for compensation and reinstatement
- Complaints can also be filed through Kerala Labour Department Portal
- Employers found guilty can be penalized with fines or imprisonment up to 1 year
Conclusion
Maternity leave is a fundamental right for women employees that ensures both health and financial security during one of the most critical phases of life. Kerala follows progressive maternity laws that align with central rules, offering significant support to working mothers in both public and private sectors. Understanding your rights under the Maternity Benefit Act empowers you to plan your career and family life without fear or uncertainty.
Need help with maternity benefit compliance, employer disputes, or legal filings in Kerala? Contact PEAK Business Consultancy Services for professional HR compliance support and legal guidance.
