Maternity Leave in India: Complete Guide to Rules and Rights

Starting a family is one of life’s most profound and rewarding experiences. Amidst the excitement of preparing for a new baby, one critical component that can often feel overwhelming is understanding your employment rights, specifically: What is maternity leave?

Maternity leave is not just a break from work; it is a legally protected period of absence designed to allow an expectant or new mother to prepare for childbirth, recover physically, and bond with her newborn child. It ensures that an employee can prioritize their health and family without the fear of losing their job. As you navigate this transition, knowing your rights, the duration of the leave, and the available pay options is essential for a stress-free experience. This guide breaks down the complex world of maternity leave policy into simple, actionable information for every expecting parent and employer.

What is Maternity Leave?

It is an employment benefit (often mandated by law) that provides job protection and time off for female employees when they become pregnant, give birth, or adopt a child. The core function is to provide medical recovery time for the birth parent and dedicated bonding time for the new family.

While the specifics of the leave—such as how long it lasts and whether it is paid—vary significantly based on the country, company policy, and individual employment history, the fundamental right to take the time remains constant in most developed nations.

Maternity Leave vs. Parental and Paternity Leave

The terminology can be confusing. While often used interchangeably, these terms have distinct legal meanings:

Maternity Leave: Specifically for the birth parent (the mother), often starting before the birth for prenatal care and physical recovery post-childbirth.
Paternity Leave: Time off granted to the non-birth parent (father or partner) to support the mother and bond with the new child. This is generally shorter than maternity leave.
Parental Leave: This is a gender-neutral term covering time off for either parent (or both) to care for the child, often taken after the birth parent has completed her initial maternity recovery period. In some regions, parents may share or transfer portions of this leave.

The Core Purpose of Leave

The entire concept of maternity leave rests on two pillars, which also inform your rights:

Medical Necessity: Giving the mother adequate time to recover from the physical demands of pregnancy and childbirth.
Child Welfare: Providing crucial early bonding time for the parents and the new child, which is vital for the child’s development.

How to get maternity leave in india

Maternity Benefit Act 2017 Explained

The bedrock of female employee rights during pregnancy is the Maternity Benefit Act 2017. This amendment made India one of the few countries to offer such a long period of paid leave, dramatically improving the standard of support for new mothers.

Who is Covered Under the Act?

The Maternity Benefit Act covers almost every type of establishment, providing broad protection:

Any establishment (factory, mine, plantation) where 10 or more people are employed.
Government organizations, local bodies, and organizations established by the government.
Shops and establishments as defined under local state laws.

If you work in an establishment with 10 or more employees, you are most likely covered by this Act. However, women employed in establishments covered under the Employees’ State Insurance Act (ESI Act) may receive benefits through ESI instead of direct employer payment, though the leave duration remains consistent.

Key Changes Introduced by the 2017 Amendment

The 2017 amendment was a game-changer for Maternity Leave in India, introducing two major provisions:

Extended Paid Leave: The maximum period of paid leave was increased from 12 weeks to 26 weeks.
Crèche Facility: Companies with 50 or more employees were mandated to provide a crèche (daycare) facility, either directly or shared, within a prescribed distance.

The most common question is how long is maternity leave in India? The maximum benefit period is 26 weeks of fully paid absence from work.

Can I Get 26 Weeks of Maternity Leave? Eligibility Breakout

While 26 weeks is the maximum, the full benefit is available based on the number of existing children a woman has:

First and Second Child: A woman is entitled to the full 26 weeks of paid leave.
Third Child (and beyond): The paid leave entitlement is reduced to 12 weeks. This distinction is made to promote family planning.

This leave is a continuous period and cannot typically be broken up.

Leave Duration for Second Child and Beyond

It’s vital for employees and employers to be clear on the maximum duration based on the order of birth:

Child Order	Total Paid Leave Entitlement	Pre-Natal Period Allowed
First and Second	26 Weeks	Up to 8 weeks before expected delivery
Third (or more)	12 Weeks	Up to 6 weeks before expected delivery

When to Start Your Leave (Pre-Natal Period)

A woman can choose to start her Maternity Leave in India up to 8 weeks (56 days) before the expected date of delivery for the first two children. For the third child or beyond, the pre-natal period is restricted to 6 weeks. This flexibility allows the mother to take time off to manage the demands of late pregnancy and prepare for the birth, without waiting until the last moment.

Maternity benefit in India

Beyond Biological Birth Adoption and Surrogacy Leave

The Act recognizes that motherhood extends beyond biological birth and provides specific leave provisions for mothers who use alternative methods to start a family.

Leave for Adopting Mothers

A woman who legally adopts a child under the age of three months is entitled to:

12 weeks of paid maternity leave. This period starts from the date the child is officially handed over to the adopting mother.

Commissioning Mothers (Surrogacy) Leave

In the case of surrogacy:

The commissioning mother (the biological mother who uses a surrogate to carry the child) is entitled to 12 weeks of paid leave. This leave is intended for the essential bonding and childcare period following the baby’s arrival.

These provisions demonstrate the progressive nature of the Maternity Benefit Act 2017, recognizing the emotional and physical demands on mothers who choose adoption or surrogacy.

FAQ

Is there any minimum salary requirement to be eligible for paid maternity leave?

No, there is no minimum salary requirement. The only financial criterion is that the woman must have worked for at least 80 days in the 12 months preceding the expected delivery date.

What happens if I have a miscarriage? Am I entitled to leave?

Yes. If a woman suffers a miscarriage or a medical termination of pregnancy, she is entitled to six weeks of paid leave immediately following the event.

Can my employer deny my request for maternity leave?

No. If you meet the 80-day employment criterion, your employer cannot legally deny your right to Maternity Leave in India as per the Act. Denial is a violation punishable by law.

Do contract employees also get maternity leave?

Yes, the Maternity Benefit Act applies to all women employees, whether appointed directly or through an agency (contract worker), provided they meet the 80-day work eligibility.

What is the maximum duration of leave for a single mother in case of twins?

The birth of twins (or triplets) is considered the first child delivery, and the woman is entitled to the full 26 weeks of paid leave. The 12-week restriction only applies starting from the birth of the third child.