The change could provide women government employees with significantly more time to recover from childbirth and care for a newborn.
The difference is substantial. Under the existing provision, a woman having a third child could receive only 84 days of maternity leave. Under the announced change, that period will become 365 days.
It also brings the leave period for a third child in line with the existing one-year benefit available for the first two children.
However, the announcement will need to be formally notified through a government order before the revised provision can be implemented.
A senior government official said a detailed government order would be issued shortly.
What does India’s maternity law say?
Tamil Nadu’s decision concerns state government employees and should not be confused with the maternity leave rules applicable to all women employees in India.
At the national level, maternity benefits for women working in establishments covered by the law are governed by the Maternity Benefit Act, 1961, as amended.
The law provides up to 26 weeks of maternity benefit for a woman with fewer than two surviving children. This includes leave that can be taken before and after childbirth, subject to the conditions prescribed under the Act.
For a woman having two or more surviving children, the statutory maternity benefit is up to 12 weeks.
The law also contains provisions for adopting mothers and commissioning mothers. An eligible adopting mother or commissioning mother can receive 12 weeks of maternity benefit from the date the child is handed over to her, subject to the law’s conditions.
The Act also provides maternity benefits in certain cases involving miscarriage or medical termination of pregnancy, as well as leave connected with illness arising from pregnancy, delivery, premature birth, miscarriage or related conditions.
Importantly, maternity benefit rules can differ depending on the category of employment and the applicable service rules. Government employees may be governed by separate central or state service regulations, as is the case with Tamil Nadu government employees.
Maternity leave and job protection
India’s maternity law is not only about leave. It also provides protection against dismissal or adverse treatment in certain circumstances because of maternity absence.
Employers covered by the Maternity Benefit Act are generally required to provide the prescribed maternity benefits when the eligibility conditions are met.
The law also includes provisions relating to nursing breaks after returning to work and crèche facilities for establishments meeting the prescribed employee threshold.
Therefore, maternity protection in India combines leave, financial benefit and certain workplace safeguards.