Updated on 2 Jan 2026
Maternity leave ensures that working women can take the necessary time off for childbirth and early childcare without worrying about salary or job security. India’s Maternity Benefit Act, 1961, updated in 2017, provides paid leave, nursing breaks, and protections against workplace discrimination. Employees in permanent, temporary, part-time and contractual roles are covered if they meet certain work duration requirements, and adoptive and commissioning mothers are also eligible. In this blog, we discuss the key laws, eligibility requirements, leave duration benefits, application procedures and the responsibilities of employers and all the rights of employees during maternity leave in India.
Key legislation & legal framework
India’s maternity leave system is backed by laws that ensure women employees receive proper protection during pregnancy, childbirth and postpartum recovery. The following laws define eligibility, leave duration and employer obligations:
Maternity Benefit Act, 1961
The Maternity Benefit Act, 1961, is the main law that governs maternity leave in India. Amendments in 2017 increased paid leave to 26 weeks for women expecting their first or second child, while women with two or more surviving children receive 12 weeks of paid leave. The law also guarantees job protection and benefits during the leave period.
Coverage for adoptive and commissioning mothers
Adoptive and commissioning mothers should get 12 weeks of paid leave starting right from the day the child is handed over. This ensures that women in non-traditional family arrangements receive the same maternity protections as those who give birth naturally.
Applicability to various employment types
The law applies to permanent, temporary, part-time, and contract employees in establishments with ten or more workers. Recent clarifications also include gig workers who meet the minimum work duration requirement, expanding the scope of protection to more women in India’s evolving workforce.
Eligibility criteria for maternity leave
Eligibility ensures that maternity leave is provided to women who have a genuine employment relationship with the organisation and have contributed sufficiently to qualify:
Work duration requirement
A woman must have worked at least 80 days in the 12 months after her expected delivery date. This ensures that leave benefits are provided to employees who have been actively engaged with the employer and meet the legal criteria.
Adoptive and commissioning mothers
Women who adopt a child under three months or commission a child through surrogacy are also eligible for maternity leave. This provision ensures inclusivity and equal access to maternity benefits for all working women, regardless of how they become mothers.
Establishment requirements
Maternity benefits are applicable to establishments with ten or more employees, which include offices, factories, shops, and other workplaces. Smaller establishments are not legally required to provide these benefits, although many choose to do so as part of their human resource policies.
Maternity leave duration & timings
The duration of maternity leave depends on the number of children and type of maternity. Clear rules allow both employees and employers to plan effectively for the leave period.
Leave for first and second child
Women expecting their first or second child are entitled to 26 weeks of paid leave. Up to eight weeks may be taken before the expected delivery date and the remaining leave is available after childbirth for recovery and childcare.
Leave for third child or more
For women expecting a third child or more, the leave period is 12 weeks. Up to six weeks of leave can be taken before the expected delivery date, with the remainder available post-delivery.
Leave for adoptive and commissioning mothers
Adoptive and commissioning mothers are entitled to 12 weeks of leave starting from the day the child is handed over. Leave can be taken continuously or divided into mutually agreed segments with the employer, providing flexibility around the needs of the mother and child.
Benefits during maternity leave
Maternity leave provides financial security, job protection, and support for childcare to ensure women can focus on recovery and their newborns. Additional benefits include:
- The Maternity Benefit Act in India provides maternity benefits such as paid leave for women employees who need to fulfil their maternal obligations and duties.
- For first and second-time mothers, the leave is for 6 months or 26 weeks, while every subsequent child entitles the mother to 3 months or 12 weeks of paid maternity leave.
- Many companies offer maternity health insurance to their employees under their group health insurance policies. However, that depends on the insurance provider that the company is buying from.
- The Act also ensures the holistic well-being of mothers and their babies by providing childcare provisions.
- Employers cannot fire or dismiss women employees solely because they are pregnant, in labour, or recuperating post-childbirth.
- The Act mandates that pregnant women have access to amenities, such as hygienic restrooms, comfortable seating and safe drinking water in their workplace.
- The Act entitles pregnant women to additional leave days if they are unable to return to work after the maternity leave period.
- The payment for maternity leave is at the rate of the average daily wage for the period of absence, with an additional medical bonus of Rs 3500 and a benefit of a minimum amount of Rs 6000 under the National Food Security Act 2013.
- Employers must not give pregnant employees difficult tasks or long working hours ten weeks before delivery to ensure the health and safety of both the mother and child.
- HR departments can incorporate measures to support pregnant employees, including:
- flexible working arrangements
- counselling services
- wellness programs.
Application procedure for maternity leave
The application procedure ensures clarity and smooth processing for both the employee and employer:
Written notice and medical certificate
Employees should submit a written notice at least eight weeks before the expected delivery date. The notice should include the intended leave duration and a medical certificate confirming pregnancy and expected delivery date.
Employer review and approval
The employer reviews the application and grants leave according to legal requirements. Submitting the request in advance allows for workload adjustments and smooth implementation of benefits.
Employer obligations and employee rights
Both employers and employees have defined responsibilities to ensure maternity leave is provided fairly and legally.
Employer responsibilities
Employers must grant leave to eligible employees, maintain accurate leave records, provide crèche facilities where required and ensure that employees are not discriminated against or terminated during maternity leave. Compliance is essential to avoid legal penalties.
Employee rights
Employees are entitled to receive full salary, take nursing breaks, and return safely to the same or equivalent position after leave. Awareness of these rights allows women to confidently claim their maternity benefits.
Conclusion
Maternity leave in India is a critical legal protection that safeguards women’s health, financial stability and professional security. Recent updates include extended leave durations, eligibility for adoptive and commissioning mothers, and maternity health insurance coverage for contract or part-time employees. When you understand the eligibility, benefits and procedures, both employers and employees can ensure compliance while creating a supportive, family-friendly workplace.
FAQs
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Can maternity leave be extended beyond statutory limits?
Some organisations provide additional leave, but the statutory entitlement remains 26 weeks for up to two children and also 12 weeks for the third child or more.
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Are part-time or contract employees eligible for maternity leave?
Yes. They must have worked at least 80 days in the preceding 12 months in an establishment with ten or more employees.
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Can an employee be terminated during maternity leave?
No. Termination during maternity leave is prohibited by law. Employees must be reinstated to the same or equivalent role.
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Are adoptive or commissioning mothers eligible for maternity leave?
Yes. They may get 12 weeks of paid leave starting from the day the child is handed over.
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Can maternity leave be split into parts?
Yes. Leave can be taken continuously or divided into mutually agreed segments with the employer.
Disclaimer: The information provided in this blog is for educational and informational purposes only. It is not intended as a substitute for professional advice, diagnosis or treatment. Please consult a certified medical and/or nutrition professional for any questions. Relying on any information provided in this blog is solely at your own risk, and ICICI Lombard is not responsible for any effects or consequences resulting from the use of the information shared.