A Complete Guide to Maternity Leave Rules in India (2025)
Motherhood is a beautiful journey, but for working women, it comes with the added responsibility of balancing health, career, and financial stability. Maternity leave plays a crucial role here, it's not just about taking a break but about ensuring physical recovery, mental well-being, and job security.
But how well do you know your maternity rights in India? Let’s explore the details of maternity leave policies, eligibility, sector-specific provisions, challenges, and more.
Key Highlights
- Women are entitled to 26 weeks of paid maternity leave for the first two children.
- 12 weeks of leave is available for adoptive and commissioning mothers.
- Employers must not terminate or alter service conditions of women on maternity leave.
- Work-from-home and crèche facilities are mandatory under certain conditions.
- Section 5 of the Maternity Benefit Act mandates full wage payments during leave.
What is the Maternity Leave Policy in India?
Maternity leave is the legal right of a woman employee to take time off work before and after childbirth. This period ensures her physical and emotional recovery while safeguarding her employment and income.
The Maternity Benefit Act, 1961 governs maternity leave in India. It provides full pay during leave and legal protection from dismissal. Over time, amendments have expanded its scope to include more categories such as adoptive mothers and commissioning mothers (biological mothers in surrogacy cases).
Key Features of the Maternity Benefit Act, 1961
- Duration of Leave: Up to 26 weeks of paid leave for the first two children. Of this, up to 8 weeks can be taken before delivery.
- Subsequent Pregnancies: For the third child onwards, leave entitlement drops to 12 weeks.
- Adoptive & Commissioning Mothers: Entitled to 12 weeks of paid leave starting from the date the child is handed over.
- Miscarriage or Medical Termination: Eligible for 6 weeks of paid leave post miscarriage, upon providing medical proof.
- Additional Leave: Granted if complications arise due to pregnancy, based on medical advice.
- Nursing Breaks: Two nursing breaks per working day till the child turns 15 months old.
- Legal Safeguards: Terminating or altering a woman’s job role during maternity leave is illegal (unless for gross misconduct).
- Applicability: Applies to any establishment with 10 or more employees, including factories, mines, plantations, and shops.
Eligibility Criteria for Maternity Leave
To claim maternity benefits under the Act, a woman must:
- Work in an organisation with 10 or more employees.
- Have completed at least 80 working days in the 12 months preceding the expected delivery.
- Note: Self-employed women and those in establishments with fewer than 10 employees are not covered under this Act.
Check Maternity Health Insurance Plans that can cover all hospital expenses as well.
Recent Amendments to Maternity Leave Policies
1. Maternity Benefit (Amendment) Act, 2017
- Extended Leave: Raised from 12 to 26 weeks for the first two children.
- Advance Leave: Up to 8 weeks can be taken before the expected delivery date.
2. Leave for Adoptive and Commissioning Mothers
- 12 weeks of leave applicable to women adopting a child under 3 months or commissioning mothers.
3. Mandatory Crèche Facilities
- Applicable to establishments with 50+ employees.
- Employers must offer a crèche within a reasonable distance.
- Mothers can visit the crèche four times a day.
4. Work-from-Home Option
- Applicable when job roles allow.
- Duration to be mutually decided by employer and employee post maternity leave.
Maternity Leave Provisions Across Sectors
- Government & Public Sector: Fully covered under the Act; may offer additional unpaid leave.
- Private Sector: Coverage and additional benefits depend on company policy. Some offer extended leave and daycare.
- Unorganised Sector: Coverage is limited, though schemes like ESI offer support for eligible low-income workers.
- Journalists & Factory Workers: Additional maternity benefits under Working Journalists Act and Factories Act.
Rights and Benefits During Maternity Leave
- Full Pay: Eligible women receive average daily wage for the entire leave duration.
- Health and Recovery Time: Leave supports physical and mental well-being.
- Job Security: Women cannot be dismissed or demoted due to pregnancy or leave.
- Bonding with Baby: Extended leave ensures time to nurture and bond with the newborn.
- Work-Life Balance: Flexible return-to-work options support gradual reintegration.
Maternity Leave Application Process
- Inform Early: Notify HR or reporting manager in writing.
- Submit Medical Proof: Required in most organisations.
- Follow Company Policy: Refer to internal HR guidelines for process clarity.
- Coordinate Handover: Ensure a smooth work transition before leave.
Maternity leave is not a perk – it is a fundamental right that supports the health, dignity, and career of working women. The legal framework in India has evolved to reflect these values, but gaps remain, especially for women in informal sectors and workplaces lacking supportive practices.
The more women understand their rights, the better they can plan their maternity journey while staying professionally secure. If you’re planning a family, don’t hesitate to speak to your employer and make informed choices. Because no woman should ever have to choose between her career and her child.
