Maternity Leave in India: 26 Weeks, Eligibility & Pay Rules 2026
In India, eligible women employees are entitled to 26 weeks of fully paid maternity leave for their first two children, and 12 weeks for the third child onward, under the Maternity Benefit Act, 1961 as amended in 2017. The Act applies to every establishment with 10 or more employees, and eligibility requires having worked at least 80 days in the 12 months before the expected delivery date.
Maternity Leave Duration in India
| Situation | Leave duration |
|---|---|
| First or second child | 26 weeks (up to 8 weeks before delivery, remainder after) |
| Third child and beyond | 12 weeks |
| Adoption (child under 3 months) | 12 weeks from the date the child is handed over |
| Commissioning mother (surrogacy) | 12 weeks from the date the child is handed over |
| Miscarriage or medical termination of pregnancy | 6 weeks immediately following |
| Tubectomy operation | 2 weeks immediately following |
The 26-week figure is a common source of confusion because it’s often quoted without the “first two children” qualifier. It’s also worth knowing that of the 26 weeks, a woman can take at most 8 weeks before her expected delivery date; the rest is available after.
Eligibility Requirements
To qualify for paid maternity leave under the Act, a woman must have worked for at least 80 days in the 12 months immediately preceding her expected delivery date, for the same employer. There’s no minimum tenure requirement beyond this 80-day threshold, and no distinction made based on employment type as long as she’s on the establishment’s rolls.
The Act applies to every factory, mine, plantation, and shop or establishment employing 10 or more people, across both public and private sectors. Establishments with fewer than 10 employees fall outside the Act’s direct coverage, though many still choose to offer comparable benefits voluntarily.
Pay During Maternity Leave
Maternity leave under the Act is fully paid, calculated at the average daily wage based on the three months immediately preceding the leave. This isn’t a partial-pay or capped benefit the way parental leave often works in other countries, it’s full salary continuation for the entire eligible leave period.
If an employer doesn’t provide free pre-natal and post-natal medical care, they’re required to pay a medical bonus of ₹3,500 in lieu of that care.
Crèche Facilities and Work From Home
Establishments with 50 or more employees are required to provide a crèche facility within a prescribed distance of the workplace. Mothers are entitled to four visits to the crèche during the workday, which can include the time counted as nursing breaks.
The 2017 amendment also introduced an option for a woman to work from home after her maternity leave ends, where the nature of her work allows it, and this is meant to be arranged by mutual agreement between the employer and employee rather than something either side can unilaterally impose.
Nursing Breaks
Beyond the leave period itself, mothers are entitled to two nursing breaks per day until the child reaches 15 months of age. This is a separate, ongoing entitlement that continues well after the formal leave period ends.
Job Protection and Workplace Restrictions
- No dismissal or adverse action because of pregnancy or maternity leave; a woman cannot be terminated or have her conditions of employment altered to her disadvantage on these grounds.
- Restrictions on strenuous work: employers cannot assign arduous tasks, long hours, or work involving standing for long periods during the 10 weeks before the expected delivery date.
- No employment during the immediate post-delivery period: employers cannot knowingly employ a woman during the six weeks immediately following delivery or miscarriage.
- Right to return to the same position, or a comparable one, at the end of the leave period.
What Happens If an Employer Doesn’t Comply
Non-compliance, including failure to pay maternity benefit or denying leave a woman is entitled to, can attract imprisonment of up to one year, a fine, or both, under the Act’s penalty provisions. This is a criminal liability provision, not just a labour dispute, which is part of why getting maternity leave policy right matters more than it might seem from the HR paperwork alone.
How to Apply for Maternity Leave
An employee is generally expected to give written notice to her employer stating the date from which she’ll be absent, expected to be within roughly 8 weeks before the anticipated delivery date, along with the amount of maternity benefit she’s claiming. Most companies handle this through HR or an HRMS portal, but the underlying legal requirement is simply written notice; a formal portal isn’t mandated by the Act itself, just common in practice.
Once maternity leave data is filed, it’s worth making sure it’s actually tracked properly against payroll and attendance, since manual tracking is where errors around the 80-day eligibility check and the pre/post-delivery split most often happen. A connected time and attendance system that handles leave categories correctly removes most of that risk.
Frequently Asked Questions
How many weeks of maternity leave am I entitled to in India?
26 weeks for your first or second child, and 12 weeks for the third child onward, provided you meet the 80-day eligibility requirement.
Is maternity leave in India fully paid?
Yes, for eligible employees, it’s paid at the average daily wage based on the three months before the leave, for the full duration of eligible leave.
Do I need to have worked a minimum number of years to qualify?
No minimum years of service is required, only 80 days of work in the 12 months immediately before the expected delivery date.
Does the Maternity Benefit Act apply to my company?
It applies to any factory, mine, plantation, shop, or establishment with 10 or more employees, in both the public and private sectors.
What if I adopt a child instead of giving birth?
Adoptive mothers of a child under three months old, and commissioning mothers using surrogacy, are entitled to 12 weeks of leave from the date the child is handed over.
Can my employer terminate me while I’m on maternity leave?
No. The Act specifically prohibits dismissal or discharge, or any change to employment conditions to a woman’s disadvantage, because of pregnancy or maternity leave.
Am I entitled to work from home after maternity leave?
The 2017 amendment allows for this where the nature of the work permits, but it’s meant to be arranged by mutual agreement with your employer, not an automatic right regardless of role.
What is the crèche facility requirement?
Establishments with 50 or more employees must provide a crèche within a prescribed distance, and mothers get up to four visits a day, which can include nursing breaks.
What happens if my employer doesn’t pay maternity benefits?
It’s a criminal offence under the Act, punishable by imprisonment of up to one year, a fine, or both. This is enforceable, not just a policy suggestion.
Do nursing breaks continue after I return from leave?
Yes, mothers are entitled to two nursing breaks a day until the child turns 15 months old, separate from and continuing well beyond the formal leave period.
Tracking eligibility windows and leave splits accurately is exactly the kind of detail good HR software handles automatically, rather than leaving it to manual calculation.
- How to Deal with Toxic Work Culture in a Family Business - October 3, 2025
- What Is Grapevine Communication? - August 5, 2025
- What is a Stress Interview? - September 2, 2024
