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Your rights

What are my maternity leave rights?

Short answer

26 weeks paid maternity leave for first two children, 12 weeks for third child onwards. Employer cannot terminate during maternity. Applies to establishments with 10+ employees.

Understanding the issue

The Maternity Benefit (Amendment) Act 2017 provides 26 weeks of paid maternity leave for the first two children and 12 weeks from the third child onwards. For adoptive and commissioning mothers, 12 weeks leave is available from the date of handover. The leave period includes both pre-delivery and post-delivery leave. The employer must pay full average daily wages during leave. Additional benefits include: work-from-home option (if nature of work permits), crèche facility in establishments with 50+ employees, and no termination during maternity leave. The law applies to all establishments with 10 or more employees. Filing a complaint with the Labour Commissioner if benefits are denied.

Laws that apply

  • Maternity Benefit Act — Section 5 (Right to maternity benefit)
  • Maternity Benefit (Amendment) Act, 2017