Maternity leave in India is one of the more generous statutory entitlements globally on paper, and it’s been stable since a 2017 amendment, no further central change to the core entitlement since then.

The entitlement under the Maternity Benefit Act

Under the Maternity Benefit (Amendment) Act, 2017, eligible women get 26 weeks of paid maternity leave for the first two children, up to 8 weeks of which can be taken before the expected delivery date. For a third child onward, the entitlement drops to 12 weeks. The Act applies to establishments with 10 or more employees, and eligibility generally requires having worked for the employer for at least 80 days in the 12 months before the expected delivery date.

Commissioning and adoption mothers are covered separately under the same Act, with their own leave entitlement and a significant recent court-driven change; see our dedicated glossary entry on adoption leave for what changed.

Frequently asked questions

Does maternity leave apply to contract or fixed-term employees?

Coverage depends on meeting the 80-day working requirement with the current employer, regardless of whether the role is permanent or fixed-term, so a fixed-term employee who meets that threshold is generally covered.

Is maternity leave paid in full?

Yes, at the employee’s full average salary rate for the eligible period, funded by the employer directly under the Maternity Benefit Act, distinct from ESI-funded maternity benefit for employees covered under that scheme instead.

Can maternity leave be denied by a small employer?

The central Act’s mandatory provisions apply at establishments with 10 or more employees; smaller establishments may still be covered under other state-level provisions, so check local applicability rather than assuming exemption purely on headcount.

See how maternity leave and its benefit amount are calculated with the Maternity Benefit Calculator.