Maternity Leave for Civilian Female Industrial Employees in the Defence: Latest Clarification 20.3.2023

Maternity Leave to Defence Civilian female Industrial Employees

The Ministry of Law and Justice has amended the Maternity Benefit Act, 2017 through a Gazette Notification issued on 28.03.2017, providing 26 weeks of Maternity Leave. The applicability of this Amendment Act for Defence Civilian Female Industrial Employees governed by the Factories Act, 1948 has been under consideration by the Ministry in consultation with the Ministry of Labour and Employment. The Ministry of Labour and Employment has provided clarification on this matter through an OM dated 07.09.2022. According to this, the Maternity Benefit Act, 1961, which applies to establishments including factories, also applies to Female Industrial Employees governed by the Factories Act, 1948.

Therefore, these employees are entitled to the enhanced maternity leave of 26 weeks as per the Maternity Benefit (Amendment) Act, 2017. All concerned organizations and establishments governed by the Factories Act, 1948 are expected to comply with and implement this clarification. The enhanced maternity leave benefit will be applicable from the date of issue of this letter, i.e. 20.03.2023. Women employees who have already availed 12 weeks of maternity leave before this date will not be entitled to the extended benefit of 26 weeks leave. However, Defence Civilian Female Industrial employees who are already on maternity leave at the time of issue of this letter will also be eligible for the enhanced maternity benefits.

No. 01(01)/2010/D(Civ-II)
Government of India
Ministry of Defence
(Department of Defence)
D(Civ-II)

B-Wing, Sena Bhavan,
New Delhi, the 20th March, 2023

OFFICE MEMORANDUM

Subject: Maternity Leave to Defence Civilian female Industrial Employees governed by the Factories Act, 1948 as per Maternity Benefit (Amendment) Act, 2017

The undersigned is directed to say that Ministry of Law and Justice vide their Gazette Notification dated 28.03.2017 has amended Maternity Benefit Act, 2017 wherein inter-alia benefit of 26 weeks of Maternity Leave has been provided. The matter regarding applicability of the Amendment Act to the Defence Civilian Female Industrial Employees governed by the Factories Act, 1948 had been under consideration in this Ministry in consultation with Ministry of Labour and Employment.

2. Subsequently, Ministry of Labour and Employment vide OM dated 07.09.2022 has clarified as under: –

‘The Maternity Benefit Act, 1961, under its Section 2(1)(a), applies to establishment including a Factory. Under Section 3(f) of the said Act, Factory means a Factory as defined in clause(m) of Section 2 of the Factories Act, 1948(63 of 1948). In view of applicability of the Maternity Benefit Act, 1961 on Factory also, the provisions of the Act as amended from time to time shall also apply on female worker of the Factory. Accordingly, Female Industrial Employees governed by the Factories Act, 1948 are entitled for the quantum of enhanced matemity leave by the Maternity Benefit (Amendment) Act, 2017.”

3. The above clarification of M/o Labour and Employment is circulated to all concerned organisations/establishments governed by the Factories Act, 1948 for compliance/ implementation.

4. Accordingly, the benefit of 26 weeks of Maternity Leave shall be applicable from the date of issue of this letter i.e. 20.03.2023. Those women employees who had already availed 12 weeks of maternity leave before the date of issue of this letter shall not be entitled to avail the extended benefit of the 26 weeks leave. Further, enhanced maternity benefit shall be extended to Defence Civilian Female Industrial employees who are already under maternity Leave at the time of issue of this letter.

5. This issues with the concurrence of Ministry of Defence (Finance) vide their I.D. No. 13013/06/2022-D(AG/PB/Fin) dated 02.03.2023.

(Harish C. Upadhayay)
Deputy Secretary to the Govt. of India

Click to view the MoD Maternity Leave Order dated 20.3.2023

Latest Developments on Maternity Leave:

How long is the maternity leave for civilian female industrial employees in the defence?

As per the latest clarification, maternity leave is granted for a period of 180 days.

Will the employee receive full pay during the maternity leave period?

Yes. An employee on maternity leave will receive full pay – includes Basic Pay, Dearness Allowance, and other allowances.

Can an employee extend the maternity leave beyond 180 days?

No. The maternity leave period cannot be extended beyond 180 days.

If an employee already availed maternity leave last year, is she eligible for additional leave this year?

Yes. An employee is eligible for maternity leave for a maximum of two surviving children, including the child for whom maternity leave was availed during the previous year.

Is there any condition for availing maternity leave?

Yes. An employee should have completed one year of continuous service in the Defence establishment to avail maternity leave.

Will the leave be counted as service for the purpose of promotion and increment?

Yes. The maternity leave will be counted as service for the purpose of promotion and increment.