Updated on 14 Dec 2025
India has many working mothers, and each of them deserves legal protection and care during the crucial time of childbirth and recovery. Maternity leave ensures this by allowing new moms to focus on their health and newborns without compromising their income or job security. In 2025, the nation continues to improve all these rights to support gender equality and maternal health.
Having good knowledge about all the existing regulations surrounding maternity leave will assist expectant mothers in making proper leave decisions.
What is the maternity leave policy in India?
Maternity leave in India is a lawful entitlement that falls under the Maternity Benefit Act of 1961, which was amended in 2017. It was further consolidated under the Social Security Code, 2020. This policy provides paid leave to all working women in companies that have 10 or more employees. Mothers can take the time off before and after childbirth and are completely protected from termination during that time.
The Maternity Benefit Act applies to various establishments, such as factories, mines, government organisations, shops or firms with at least 10 employees and any establishment or class of establishments that the State may notify. It does not differentiate between permanent, temporary or contractual employees.
Women employed on a contract basis are also entitled to maternity leave benefits. Denying worker benefits is against the law. Employers who fail to pay maternity benefits or dismiss an employee during their maternity leave may be imprisoned and asked to pay a fine.
What changes have been made to the maternity leave rules in India?
The rules for maternity leave in the nation have witnessed the following changes:
- The amendment of 2017 has extended the paid leave from 12 weeks to 26 weeks for the first two children.
- Commissioning (who use a surrogate) and adoptive mothers are eligible for 12 weeks of paid leave from work.
- Companies that have over 50 workers must provide creche facilities, and mothers can visit them 4 times each day.
- Organisations should also have the work-from-home option after the maternity leave if the work permits and both parties have agreed to it.
- In May 2025, the Super Court declared maternity leave a constitutional right, even for the birth of the 3rd child, improving the legal protection for all working women.
- Government guidelines also clarify leave for up to 180 days. This can be taken after or before the delivery, and consists of special provisions for infant loss or miscarriage.
What is the eligibility for maternity leave?
Women who meet certain conditions are eligible for maternity benefits, including leave and payment during this period. The criteria are:
- Being pregnant for the first time
- Already have one or two children
- Adopting a child who is under three months old
- Having a child through surrogacy
- Recovering from a miscarriage, abortion, or tubectomy operation
Nevertheless, to qualify for perks, it is necessary to have been employed by a company for at least 80 days within the preceding 12 months before your childbirth.
Men or people who identify with other genders do not have the option to seek benefits. However, some public sector employees receive paternity leave benefits.
What is the maternity leave duration in India?
In India, working women are given 26 weeks of maternity leave for their first and second childbirth, along with 8 weeks of leave before the delivery and the remaining after the delivery. For the third child, you will receive 12 weeks of leave. Commissioning and adoptive mothers also receive 12 weeks of paid maternity leave right from the date of the child's handover. For medical termination or miscarriage, 6 weeks of leave post-event is provided, along with additional leave if any complication takes place. Further provisions, such as two nursing breaks each day, are also offered till the child turns 15 months old.
Things to keep in mind during maternity leave
When it comes to maternity leave, there are some crucial things to remember:
- Constitutional support: Based on the May 2025 Supreme Court’s ruling, you can depend on the maternity leave rights even for third and subsequent births.
- Extended advantages: You should check if your firm provides improved benefits beyond legal minimums.
- Job security: Organisations cannot alter or terminate employment conditions during the leave, except in situations of gross misconduct.
- Handover and notice: You must notify the employer early and also provide all the medical documents when needed.
Conclusion
Maternity leave benefits in India have improved greatly, where working mothers receive extended leaves, flexible work options and better security. All these changes will help support the career continuity, dignity and health of all working women. In return, it will make employment and motherhood more compatible than before.
It’s also advised to have a health insurance plan with maternity benefits to deal with the financial needs during childbirth. If you want help with finding the right policy, fill out the form on this page. We will provide personalised advice and solutions to purchase the ideal plan.
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.