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Deepthi (IT)     15 May 2014

180 days maternity leave for women working in private sector

Hi, I am working in a software company. Currently I am on maternity leave. I heard that govt. changed the maternity leave from 90 days to 180 days for the women employees working in public sector. (

My question is this increase from 90 to 180 days will not be applicable to private sector women?

Govt policy will not be inherited by private companies? please clarify me.

Thank you in advance


 3 Replies

Kumar Doab (FIN)     15 May 2014

Maternity Benefit Act  1961: 2,3,25,27,28

The appropriate Govt. (State/Central as applicable in your case) shall frame the rules.

The Inspector appointed under this Act (State/Central) may be contacted and he/she can provide all details.

 The employer can provide benefits that are superior to as in this Act, but can not provide inferior benefits. IN fact some of the private organizations do provide 180days Maternity Benefit and many other benefits e.g. M/s HSBC, Citi bank etc……………….

In private Sector otherwise in addition to 90 days another 1 month leave is applicable if the woman has suffered from sickness sue to pregnancy delivery…………………………………..Medical Bonus of Rs.3500/…………..nursing breaks ………………..

Female anatomy is complex and pregnant woman may suffer from sickness due to pregnancy that may require bed rest, treatment and upon medical certificate issued by treating Gyn/Doctor employer can approve sick leave.

There are many court judgments and threads on similar query that you may find relevant e.g;


IN case of any difficulty do not hesitate to approach the Inspector, your lawyer, women commission, employee’s unions, trade unions, o/o Labor Commissioner…………………

There are IT/ITeS employees unions and female employee’s unions too and they have succeeded to get their demands met e.g;

IT/BPO Voice of India | Facebook

UNITES Professionals



Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

Shiv Sena forms first union in information technology sector


Trade Unions are more than willing to embrace the IT employees.


United employees can rake up the issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.






Attached File : 522389330 maternity benefit act 1961.pdf downloaded: 316 times
1 Like

Sudhir Kumar, Advocate (Advocate)     16 May 2014

well elaborated by Mr Kumar Doab.

T. Kalaiselvan, Advocate (Advocate)     17 May 2014

The question fully explained by expert  Mr. Kumar Doab.  You may verify the company leave rules and decide about further course of action in this regard.  In general the private sector companies are to comply with the Government's decision on the issues of national importance, but in our country, the private companies will speak of their own laws or the laws of other countries namely, US, UK etc when such aspects are being taken up.  Therefore, please get to know the company's leave rules and regulations especially on maternity leave, take the advise of a lawyer and issue a legal  notice if warranted.

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