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  Maternity Leave

Maternity & Paternity Leave - Know Your Rights

No matter in which organization you are working, there is always a provision for maternity & paternity leave. It is important for you to understand your rights as well as the obligations associated with the same. In a similar fashion, it is also important for the management to know how to deal with employees who apply for such leaves.

Who Is Entitled For A Paternity Leave?

Following are some of the eligibility criteria that you have to meet in order to get entitled for the paternity leave.

  • You are the biological father of the newborn
  • You are not the biological father but you are the partner of the biological mother
  • You are responsible for the child's upbringing
  • You are not the biological father but you have legally adopted the baby
  • You are neither the biological father nor have adopted the baby, but you are the partner of the woman who has legally adopted the baby.

The maximum duration for the leaves for maternity & paternity leave vary. The maximum duration for a father is two weeks. What is more, it is also important for you to understand that you can take this leave only during the first fifty-six days of the birth or adoption of the baby.

Rules Regarding Maternity Leave

The maternity leave can be granted from the eleventh week of pregnancy. However, in specific circumstances if the expectant mother is unable to come to work because of certain pregnancy related issues, the leave can also be guaranteed right from the fourth week. In fact, if you are off sick because of such reasons, your leave will commence automatically.

The duration for the ordinary leave for the mother is 26 weeks. This includes the two weeks after the birth of the baby. You may choose to take less than 26 weeks of leave, but you can cut off those two weeks of after pregnancy period.

The mother is also entitled for statutory maternity pay, but for that you must have at least 26 weeks of continuous service at that organization. If the rules of your organization are different, you can still get the pay. As per the material leave law, it will be payable by the Government.

Your Rights

When it comes to maternity & paternity leave, it is your right to get back to work to your original role or an equivalent alternative. In particular, it is important for the mothers to understand that just because they were away from work for such a long period, it should not mean that the terms and conditions now would be less favorable. Any such attempt by your organization is against the law and you can sue them for that.

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