Whether you’re planning to start a family or currently pregnant, knowing the maternity leave rules in India helps you protect your job, manage finances, and enjoy a stress-free transition into motherhood.
In this blog, we’ll explain the latest maternity leave laws, eligibility criteria, benefits, and frequently asked questions.
What Is Maternity Leave?
Maternity leave is a period of authorized absence from work granted to a woman employee during pregnancy, childbirth, and post-delivery recovery. It is a legal right in India under the Maternity Benefit Act, 1961.
Maternity Leave Rules in India (Updated)
The Maternity Benefit (Amendment) Act, 2017 brought major changes to the existing rules, making them more employee-friendly. Here's a breakdown of the current maternity leave rules in India:
✅ 1. Duration of Maternity Leave
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26 weeks of paid leave for the first two children.
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12 weeks of paid leave for the third child onwards.
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Of the 26 weeks, up to 8 weeks can be taken before delivery, and the remaining post-childbirth.
✅ 2. Eligibility Criteria
To be eligible for paid maternity leave:
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The woman must have worked at least 80 days in the last 12 months before her expected delivery date.
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She must be employed in a company that falls under the Maternity Benefit Act, i.e., a company with 10 or more employees.
✅ 3. Leave for Miscarriage or Medical Termination
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6 weeks of paid leave is allowed in case of miscarriage or medical termination of pregnancy.
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For tubectomy (a form of birth control), 2 weeks of paid leave is allowed.
✅ 4. Leave for Adoption or Surrogacy
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12 weeks of maternity leave is available for women who legally adopt a child below 3 months of age.
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The same 12-week benefit is extended to commissioning mothers (surrogacy).
✅ 5. Work-from-Home Option
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After maternity leave, women can request a work-from-home arrangement, subject to mutual agreement with the employer and nature of the job.
✅ 6. Crèche Facility
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Organizations with 50 or more employees must provide a crèche (childcare) facility within a prescribed distance.
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The mother is allowed 4 visits per day to the crèche, including rest intervals.
Industries and Coverage
These maternity leave rules apply to women employed in:
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Private companies
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Public sector undertakings (PSUs)
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Shops and commercial establishments
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Educational institutions
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Government organizations
However, contractual and daily wage workers may have different entitlements under state-specific laws or employment terms.
Is Maternity Leave Paid in India?
Yes, maternity leave is fully paid, based on the average daily wage for the three months prior to the start of the leave. This is the legal responsibility of the employer.
Can an Employer Deny Maternity Leave?
No, denying maternity leave is illegal if the employee fulfills the eligibility criteria. Termination or discrimination due to pregnancy is a violation of women’s rights under Indian labor laws.
Common FAQs on Maternity Leave in India
🔹 Can maternity leave be extended beyond 26 weeks?
Only unpaid leave may be granted beyond 26 weeks, subject to the employer’s approval.
🔹 Can a woman take only post-delivery leave?
Yes, though it's advisable to take some pre-delivery rest. She may choose to take the full 26 weeks after childbirth.
🔹 Is there maternity leave for private companies in India?
Yes. Private companies are legally bound to follow the Maternity Benefit Act if they have 10 or more employees.
Final Thoughts
The maternity leave rules in India are designed to support working mothers during one of the most important phases of life. Whether you're in a private firm, government job, or teaching position, understanding your legal rights helps you plan better and ensures that you receive the support and benefits you deserve.
If you're an employer, it’s equally important to implement these rules correctly and create a supportive environment for women employees.
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