Is Work From Home Mandatory After Maternity Leave? What India's New Labour Codes Actually Say
An employee completes her maternity leave and requests permission to work from home for another six months. Is the employer legally required to approve the request, or can it be declined under the new Labour Codes?
This is an important practical question for HR professionals, employers and payroll teams managing employees returning to work after maternity leave.
Consider a payroll executive who has recently completed her maternity leave. With a young baby at home, she requests permission to work remotely for the next six months.
Her reporting manager approaches HR with a question:
“The employee says work from home is her legal right under the Labour Code. Are we required to approve her request?”
The answer requires a closer look at Section 60(5) of the Code on Social Security, 2020.
What Does Section 60(5) Actually Say?
Section 60(5) provides for an employer to permit a woman employee to work from home after she has availed herself of maternity benefit, provided the nature of the work assigned to her allows it.
The provision recognises the possibility of flexible working arrangements following maternity leave. However, it does not create an unconditional right to work from home for six months or for any other fixed period.
The arrangement depends on the nature of the work and the terms mutually agreed upon by the employer and employee.
The key distinction is that the law enables post-maternity work from home; it does not make approval of every request compulsory.
Can an Employer Reject a Work-From-Home Request?
An employer is not automatically required to approve every request under Section 60(5). However, HR should evaluate the circumstances carefully, considering the employee's actual responsibilities and the operational requirements of the organisation.
A decision should be based on the feasibility of remote working rather than on a blanket assumption that all requests must be rejected or approved.
Consider the following examples.
Situation 1: Payroll Executive
A payroll executive handles salary processing, statutory calculations, employee records and compliance reporting through digital systems.
If these responsibilities can be performed remotely, the employer may consider approving work from home for an agreed period, such as three months, with a review at the end of that period.
The arrangement can specify working hours, reporting requirements, information-security measures and performance expectations.
Situation 2: Maintenance Engineer
A maintenance engineer is responsible for inspecting machinery, supervising maintenance activities and responding to equipment-related issues at a factory.
If the essential duties require physical presence at the workplace, working entirely from home may not be feasible.
In such a case, HR should assess the actual job requirements and discuss whether any alternative arrangement is practical.
These examples demonstrate that the same decision need not apply to every employee. The feasibility of remote working depends on the nature of the assigned duties and the circumstances of the employment.
Does Work From Home Extend Maternity Leave?
No. Maternity leave and post-maternity work from home are two distinct arrangements.
Maternity benefit provides statutory protection and leave in accordance with applicable law. Section 60(5), by contrast, addresses the possibility of working from home after the employee has availed herself of maternity benefit.
Permission to work remotely should not be treated as an extension of maternity leave or as a substitute for statutory maternity benefits.
Similarly, an employee's return to work should be managed in accordance with applicable maternity protections and employment conditions.
What Should HR and Employers Do?
Before deciding whether to approve or decline a request, HR should follow a structured approach.
- Review the request: Obtain the employee's written request, proposed duration and preferred working arrangement.
- Assess job suitability: Determine whether the employee's assigned responsibilities can be performed effectively from home.
- Discuss working arrangements: Clarify working hours, deliverables, communication, reporting and availability expectations.
- Evaluate operational requirements: Consider data security, access to systems, equipment, confidentiality and any duties requiring physical presence.
- Document the decision: Record the agreed terms, duration, review date and any conditions applicable to the arrangement.
- Check company policies: Review employment contracts, HR policies and any applicable service rules that may provide more favourable benefits or impose additional obligations.
These are recommended HR practices for managing requests consistently. They should not be interpreted as additional statutory conditions expressly prescribed by Section 60(5).
Does This Provision Apply to Every Establishment?
The applicability of maternity benefit provisions under the Code on Social Security, 2020 depends on the relevant statutory coverage requirements and the category of establishment.
Chapter VI covers specified factories, mines, plantations and shops or establishments employing, or having employed, at least 10 employees on any day during the preceding 12 months, along with other categories covered under the Code.
Employers should verify the applicable provisions, establishment coverage, relevant jurisdiction and any binding employment conditions before making a decision.
Practical Compliance Checklist for HR
Before finalising a post-maternity work-from-home request, HR should verify:
- Whether the establishment and employee are covered by the applicable maternity benefit provisions.
- Whether the employee's assigned duties can reasonably be performed remotely.
- Whether the proposed duration and terms can be mutually agreed upon.
- Whether company policy or employment terms provide additional benefits.
- Whether the decision and agreed arrangements have been documented.
The Practical Takeaway
Work from home after maternity leave is a legally recognised option under Section 60(5), but it is not an unconditional entitlement to a specific period of remote working.
An employee may request flexibility, and the employer must consider the nature of the assigned work when determining whether such an arrangement is feasible. The duration and conditions can be mutually agreed upon.
For HR professionals, the objective is to balance employee welfare with genuine operational requirements while respecting statutory maternity protections and applicable employment conditions.
A transparent, consistent and well-documented decision-making process can help organisations manage these requests more effectively.
Supporting an employee's return to work and maintaining workplace accountability can go hand in hand.
Disclaimer: This article is intended for general informational purposes and should not be treated as legal advice. Employers should verify the applicable statutory provisions, commencement notifications, rules and jurisdiction-specific requirements before making compliance decisions.