Maternity Leave in India: Rules, Policy, Eligibility and Benefits

PUBLISHED: Aug 13, 2025UPDATED: Sep 08, 20268 min read
Maternity Leave Policy

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 Motherhood has to be a peaceful journey for every woman out there.  It is not only about bringing new life into the world but also providing mothers with the space, time and dignity they deserve during the pregnancy phase. Creating a good maternity leave policy will be the fundamental aspect in supporting, respecting and protecting before and after delivery.  

What Is Maternity Leave in India?

Maternity leave is a legally protected absence from work granted to female employees during pregnancy and after childbirth. It allows them to recover, bond with their newborn, and return to work without the fear of losing their job or income. 

steps to apply for maternity leave

Maternity Leave Policy in India 

In India, maternity leave is governed by the Maternity Benefit Act, which has undergone several amendments to stay relevant to evolving work cultures and societal needs. The policy not only protects a woman’s employment during maternity but also ensures she receives certain benefits during this period. 

Who Is Eligible for Maternity Leave in India?

To apply for maternity leave in India, the female employee must meet the following criteria: 

  • She works in an establishment covered by the Maternity Benefit Act.
  • She must have worked for at least 80 days in the 12 months preceding her expected delivery date.
  • Her workplace is covered by the Act, generally including establishments with 10 or more employees. 

      • Eligibility applies to all women, including those on contract (as long as the minimum workdays are met). 

    • Applicable to private/public sector, factories, mines, shops, and other establishments.

      • If she is covered by ESI, different maternity benefit rules may apply.

    What Are the Maternity Leave Rules in India?

    Both employers and employees should understand the rules of maternity leave to ensure a smooth process in the organisation.  

    Leave Timing   

    Staff can avail 8 weeks before the delivery date and remaining post-delivery date.  The leave timing is flexible and it depends on the staff’s needs. If a female employee requires more leaves post-delivery, it can be adjusted accordingly.  

     Medical Certificate 

      • A doctor’s certificate confirming the pregnancy and expected delivery date is important to proceed with the maternity leave.  

    Documents Required 

      • Doctor’s certificate   

      • Maternity leave form 

      • Employee ID / Proof of Employment

     Employee Compliance 

      • From the employee’s end, they should inform employers about the leave requirements in prior.  

      • The internal leave policy should be followed to stay compliant.  

    Priya Sharma, a Senior Marketing Executive at a IT firm, applied for maternity leave in her 7th month of pregnancy. She informed her HR department two months in advance, submitted her medical certificate, and opted for 8 weeks before and 18 weeks after delivery. The company not only approved her leave under the Maternity Benefit Act but also arranged flexible work-from-home options for her return phase. This helped her transition smoothly back into work without compromising on her health or bonding time with her baby.

    What Are the Maternity Leave Rules for Private Companies in India?

    If you work for a private company, the key thing to know is that your employer cannot simply set a shorter maternity leave period because it is a private organisation. If the establishment is covered by the maternity benefit provisions and you meet the eligibility conditions, you are entitled to the statutory maternity benefit.

    For eligible employees, the entitlement is up to 26 weeks for the first two surviving children and 12 weeks where the woman has two or more surviving children. The employee generally must have worked for at least 80 days in the 12 months before the expected delivery date.

    Your company’s maternity leave policy mainly needs to make the process clear—when to apply, how to notify HR, what records are needed, how the leave is recorded, and how the employee returns to work. A company can offer additional benefits, but its policy should not reduce the statutory entitlement.

    What Are the Benefits of Maternity Leave in India?

    Maternity leave is a fundamental right of every woman. Here are the benefits: 

      • Paid Leave: Eligible women receive maternity benefits for the approved leave period.

      • Job Protection: Employers generally cannot dismiss a woman or make her working conditions worse because she is on maternity leave.

      • Time to Recover: The leave gives women time to recover after childbirth and care for their newborn.

      • Nursing Breaks: Women who return to work can take nursing breaks until their child reaches 15 months of age.

      • Crèche Facility: Establishments with 50 or more employees must provide a crèche facility as required under the Act.

      • Support for Other Situations: The law also provides specific leave for adoption, commissioning mothers, miscarriage, and tubectomy, subject to the applicable conditions.

    How Long Is Maternity Leave in India?

    First Child 26 weeks  
    Second Child 26 weeks   
    Third Child Onwards 12 weeks  
    Adoption (child <3 months)  12 weeks (from adoption date)  
    Commissioning Mother (surrogacy) 12 weeks 
    Miscarriage 6 weeks 
    Tubectomy (after sterilisation surgery) 2 weeks 
    Prenatal Leave Limit Up to 8 weeks before delivery  

    What Challenges Do Women Face When Taking Maternity Leave?

    Though the maternity leave policy is provided, implementing it in the real world is still a hurdle.  

      • Lack of awareness about rights among women employees 

      • Workplace bias or fear of being replaced during the absence 

      • Lack of flexibility post-return (e.g., no WFH options) 

      • Crèche non-compliance by smaller organisations 

      • Cultural stigma, especially in male-dominated industries

    Official Legal References for Maternity Leave Policy in India

      • D‌efinition‍ of M‍aterni‍ty‌ Leave : As per Section 5(2) of the Maternity Benefi‍t Act, 1961 (Official Text), e‌very w​oma‌n sha‌ll be entitle⁠d⁠ to maternity benefit at th‍e⁠ rate o​f the average daily wage for the perio‌d‌ of her actual a​bsence.

      • Eligibility Criteria : Sec⁠tion 5(‌2) c‌learly states th​at​ t⁠o be el‍i⁠gib​le, a w‌oman must ha​ve‍ wor‍ked for‍ at least 80 days i​n the 12 months immediately​ precedin‌g her ex​pected delivery‌ date.

      • Leave Duration : Under th​e Maternity Benef⁠it (Ame⁠nd‌ment) Act, 2017, the leave entitleme‍n‌t was inc‍rea‌sed from 1‌2 weeks to 26 weeks for the fir‌st two survivin‌g children (Section 5(3), O​fficial Gazet‍te)‍.

      • Adoptive & Commissioning Mothers: As per Section 5(4)‍, a⁠doptive mothers (with a chil‍d below 3 months)‌ and commission⁠ing m‍others are entitl⁠ed to 12 week⁠s of leave fro‌m‍ the d⁠ate the chi‌l‌d i‌s handed over. In Ma​rch 2026, the Supreme Court​ re‌moved the three-month age⁠ limit for adoptive​ childr⁠en, al‌lowing el‍igible ad⁠optive mothers to c​l​aim the 1​2-week maternity b‍ene‍f​it regardl‍ess o⁠f th⁠e child’s age.

      • Crèche Facility Requirement: Section 11A, inserted by the 2017 Amendment, ma‍ndates that e‍very establ⁠i⁠sh‌ment with 50 or mor‌e employees mus‍t pro‍vide a cr‌èche fac‌il​ity, with four‍ vi‍sits per day allowed to the mother.

      • Work From Home Option: Section 5(5) allo‍ws employers to permit work-f‌rom-ho​me arrang⁠emen‍ts after materni⁠ty leave‌, depe⁠nding on the na​t​ure of work and mutual⁠ agreeme⁠nt.
         

    Wrapping Up  

    Maternity is a temporary pause in a woman’s career. It’s time employers not only comply with laws but also embrace the human side of HR. A respectful and smooth maternity experience isn’t just about ticking boxes but also honouring life, health, and motherhood. 

    Maternity Leave Frequently Asked Questions

    Is Maternity Leave Paid in India?

    Yes. Eligible employees are entitled to paid maternity benefit during their maternity leave. The payment is generally based on the employee’s average daily wage, as provided under the applicable law.

    Yes, if the adopted child is less than 3 months old. They are entitled to 12 weeks of leave from the adoption date.

    26 weeks of maternity leave equals 182 days. However, the law defines maternity leave in weeks, not days.

    Yes, provided she meets the 80-day rule within the 12 months preceding her expected delivery date. 

     

    • Lekha, an engineer who’s been drawn to writing for as long as she can remember. She pens down her thoughts after exploring a topic inside out.  She closely listens to the challenges HR teams face and tries to make their everyday processes feel a little lighter by blending human experience and AI’s intelligence. When she’s not writing, she’s making memories—some of which quietly make their way back into her work as heartfelt articulations.