Legal information notice: this article provides general information and isn't a substitute for advice from a qualified lawyer.
Maternity leave in India was significantly expanded in 2017, and many women — and employers — still aren’t fully up to date on what’s actually required by law. Here’s exactly what you’re entitled to: how long, how much of your salary, and what additional facilities your employer must provide.
These entitlements were originally set out in the Maternity Benefit Act, 1961 (as amended in 2017). As of 21 November 2025, that Act stands repealed — its provisions are now consolidated, unchanged in substance, under Chapter VI of the Code on Social Security, 2020. The eligibility rules carried over exactly: it applies to establishments with 10 or more employees, and to qualify, you must have actually worked for your employer for at least 80 days in the 12 months immediately before your expected delivery date.
Check that you’ve worked at least 80 days in the 12 months before your expected delivery, and that your establishment has 10 or more employees, which brings you under the Act’s coverage.
Give written notice stating your expected delivery date and the date you intend to start your leave — this triggers your employer’s obligations under the Act.
You’re entitled to your full salary during this period — not a reduced amount — calculated based on your average daily wage.
If your employer has 50 or more employees, a creche facility is mandatory, and you’re entitled to visit it 4 times a day, including your rest intervals.
After your leave period ends, you can discuss a work-from-home arrangement with your employer if the nature of your work allows it — this is an enabling provision, not an automatic right, so it depends on mutual agreement.
It’s worth being clear about something that surprises many women: this leave is fully paid, at your regular salary — not a reduced “maternity benefit” amount, and not something your employer can reduce because you’re not physically working. The Act specifically calculates this based on your average daily wage for the period immediately preceding your leave, ensuring you don’t lose income during this time.
It’s also worth knowing your employer cannot terminate your employment or otherwise penalize you because of your pregnancy or maternity leave — doing so is a specific violation of the Act, separate from any general wrongful termination claim, and carries its own penalties for the employer.
Given the different entitlements, here’s a quick comparison:
| Situation | Leave Duration |
|---|---|
| First or second child | 26 weeks, with up to 8 weeks available before the expected delivery date |
| Third child onward | 12 weeks |
| Legal adoption of a child under 3 months / surrogacy | 12 weeks from the date the child is handed over |
If your employer denies or interferes with your maternity benefits, you can approach the Labour Commissioner’s office, or file a claim under the same wage authority mechanism used for unpaid salary disputes.
No — approaching the Labour Commissioner or the relevant wage authority is free, and doesn’t require significant procedural formality to initiate.
Yes, for straightforward cases — the process is designed to be accessible directly. A lawyer becomes relevant if your employer disputes your eligibility, terminates you in connection with your pregnancy, or the matter becomes more contested.
Need professional legal help with this?
Find a Civil Lawyer on VidyodayIf your employer is separately withholding your salary or other dues, see our guide on employer not paying salary. For broader workplace protections, see workplace harassment and the POSH Act.
The Code on Social Security’s maternity benefit provisions (formerly under the Maternity Benefit Act) don’t apply, though some state-specific rules or your employment contract may still provide benefits — check both carefully.
No — this is a specific violation of the Act, and you have the right to return to your position after your leave ends.
This depends on your specific company policy and any applicable bonus scheme rules — the law itself (now the Code on Social Security, 2020) guarantees your salary during leave, and bonus eligibility may need separate confirmation.
The Act separately provides for leave in cases of miscarriage or medical termination of pregnancy, distinct from the standard maternity leave entitlement.
Generally, maternity leave under the Act is meant to be continuous, though specific arrangements can sometimes be discussed with your employer — check the exact terms with HR or a lawyer.
Coverage depends on the specific nature of your employment relationship — many contract employees are covered if they meet the eligibility criteria, but this is worth confirming for your specific situation.
The law sets a mandatory minimum — your employer cannot legally provide less, and you can escalate to the Labour Commissioner if they attempt to.
Unlike maternity leave, there’s no equivalent central law mandating paid paternity leave for private sector employees, though some organizations offer it as a policy benefit, and government employees have separate specific provisions.
This article is for general information only and does not constitute legal advice. Consult your HR department, a lawyer, or the Labour Commissioner’s office for guidance specific to your situation.
