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Update: India’s Parliament Passes Increased Maternity Leave

By Erika C. Collins, Jeremy M. Mittman & Yonatan Grossman-Boder on March 14, 2017
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India’s Parliament has officially passed an increase to maternity leave in India.  The new law entitles most mothers to 26 weeks of paid leave.

We last reported that India’s Upper House of Parliament approved the increase in August, 2016.  However, India’s lower house held off approving the legislation until last week.  The new law provides mothers with the following protections:

  • Leave may start up to eight weeks before the expected delivery date.
  • The introduction of 12 weeks of paid leave for mothers adopting a child younger than 3 months old, and for women having a child through a surrogate.
  • All employers with 50 or more employees must provide a crèche (day nursery), and allow the mother four daily visits to the nursery;
  • Allows new mothers and their employer to agree to a period of time for the new mother to work from home after the 26 week leave ends; and
  • Employers must inform women of their right to maternity leave at the time of hire.

Nonetheless, the new provisions only apply to a mother’s first two children.  The increase to 26 weeks does not apply to mothers with 2 or more children. For those mothers, the leave continues to be 12 weeks.

Still, the increase goes far past the protections in most other countries, and notably exceeds the 12 weeks of unpaid leave provided to parents in the United States under federal law.  The law still requires Presidential assent and must be published in the Parliament’s Official Gazette in order to be fully enacted.  However, these procedural steps should occur within the next few weeks.

April 3, 2017 Update: The law was published in the Official Gazette on March 27th and officially went into effect on April 1st.  The provision regarding allowing new mothers and their employees to agree to a period of time for new mothers to work from home after the 26 weeks of leave will not go into effect until July 1, 2017.

Photo of Erika C. Collins Erika C. Collins
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Photo of Yonatan Grossman-Boder Yonatan Grossman-Boder

Yonatan (Yoni) Grossman-Boder is a special labor relations counsel in the Labor & Employment Law Department. Yoni assists clients in a wide range of labor and employment law matters, including litigations, administrative proceedings, arbitrations, internal investigations, labor-management relations and claims of employment discrimination…

Yonatan (Yoni) Grossman-Boder is a special labor relations counsel in the Labor & Employment Law Department. Yoni assists clients in a wide range of labor and employment law matters, including litigations, administrative proceedings, arbitrations, internal investigations, labor-management relations and claims of employment discrimination, harassment, retaliation, and wrongful termination. He frequently represents clients across a variety of industries and sectors, including educational institutions, financial services, media and entertainment companies, health services and professional services.

Yoni clerked for the Honorable Richard M. Gergel of the U.S. District Court for the District of South Carolina.  While attending Duke University School of Law, Yoni served as the publication and lead articles editor of Law and Contemporary Problems.

Prior to coming to Proskauer, Yoni served as a legal intern at the New York Human Resources Administration Employment Law Unit. As a legal intern, he worked on a variety of employment matters, including employment discrimination investigations and litigation. While a summer associate at Proskauer, Yoni co-authored an article on retiree health care benefits under ERISA titled “Understanding M&G Polymers v. Tackett,” published by Benefits Magazine in April 2015.

Read more about Yonatan Grossman-BoderEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    International Labor and Employment Law
  • Organization:
    Proskauer Rose LLP

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