Maternity Benefit Act - Pregnancy Leave In India 2025

• Written by Nidhi Goyal

  Reviewed by Akhil Pillai

• 1Like

  • Copy Link Copied! Share on Facebook Share on Linkedin Share on Twitter Share on WhatsApp

  Share

Maternity leave plays a crucial role in empowering working women in India. This leave allows them precious time off work to bond with and care for their newborn baby. The duration of paid maternity leave in India has significantly increased over the years with recent amendments to labour laws.

What is Maternity Leave?

Maternity Leave is a provision made by the Indian Government under the Maternity Benefit Act of 2017. It safeguards pregnant female employees' and newborn babies' health and well-being. The Act defines maternity leave as a period of fully paid leave that expectant and nursing mothers are entitled to take from their employers under some pregnancy leave rules. It is paid leave by the employer to pregnant women so that they can take care of themselves and their babies.

Maternity Benefit Act 1961

According to the Maternity Benefit Act 1961, women working at recognised organisations, companies, and factories can take up to 6 months of maternity leave before or after the child’s delivery. With 100% maternity pay, this paid leave includes medical bonuses and nursing breaks. The Act has been an essential step in protecting the livelihood and interests of working women and nurturing their newborns.

Maternity Benefit Act 2017

As per the Maternity Benefit Amendment Bill 2017, female employees are now entitled to 26 weeks of paid maternity leave, an increase from the 12-week leave earlier. This landmark reform aims to support working mothers physically and emotionally after childbirth. It enabled them to fulfil their responsibilities towards their child's early developmental needs while maintaining job security. Now, maternity law in India is more inclined towards citizens.

Organisations can foster a progressive work culture with family-friendly policies by providing an extended maternity leave period. This also improves employee retention in the long run.

Maternity Leave Rules in India

Maternity leave rules in India for private companies and public sectors are the same.

The 2017 amendment significantly improved upon the previous Maternity Act of 1961 and has strengthened maternity rights in India. It specifies the entitlement of women to different categories of maternity leave and benefits. To be eligible to receive these benefits, certain criteria regarding employment must be fulfilled.

• The employee must have worked for at least 80 days in the 12 months preceding the expected delivery date. This is the foremost norm for eligibility for maternity leave in India.
• Payment for Medical Termination of Pregnancy or miscarriage is payable for 6 weeks, or 42 days, from the date of miscarriage.
• Surrogate/ commissioning mothers get 26 weeks' leave from the date the newborn is handed to adoptive parents.
• Women employees in both types of organisations with 10 or more workers can avail themselves of the leave.

What Is The Applicability Of The Maternity Benefit Act?

Except for employees covered under the Employees State Insurance Act of 1948, the Maternity Benefit Act applies to establishments employing ten or more employees. The following establishments must adhere to the pregnancy leave policy in India:

• Factories
• Mines
• Industry
• Circus
• Shops

Maternity Leave for Government and Private Employees

The Maternity Benefit Act governs private and government companies, so the rules for both employees are almost identical. The core benefits of the act are the same, but the leave procedure and pre-delivery leave duration might have potential variations. Government employees can take 8 weeks of leave before delivery. Other common maternity leave rules are:

• 26 weeks of leave are provided for the first and second child.
• 12 weeks of leave are provided for the third and subsequent children.
• 6 weeks of paid maternity leave are provided for miscarriage.
• In the case of adopting a child, a female government employee is eligible for 12 weeks of maternity leave after the child is handed over, provided the adopted child is below 90 days old.
• Childcare facilities are provided if the company has more than 50 employees.

>> Also Read: How to Claim the Maternity Cover in Health Insurance?

What are the Benefits of the Maternity Leave Policy?

The Maternity Benefit Act in India includes the following:

• Enables women to fulfil both reproductive and professional duties efficiently. Without such provisions, they may have to compromise on health or income while pregnant.
• The rate of maternity benefits is 100% of the average daily wages. 26 weeks of paid leave are provided for the first two children and 12 weeks for subsequent children.
• Many companies provide maternity insurance to their staff members as part of their group health insurance plans.
• Lighter duties and limited hours are provided in the last 10 weeks of pregnancy.
• Employers cannot fire/dismiss an employee solely due to pregnancy, labour or recovery.
• Childcare provisions ensure the holistic well-being of mothers and babies.
• Additional leave days if unable to resume after the initial period.
• Amenities like hygienic toilets, seating, and drinking water are available at the workplace.
• The minimum payment of INR 6,000 under the National Food Security Act 2013.
• HR can support through flexible hours, counselling, and wellness programs.

Rules of Maternity Leave Policy in India

The maternity leave policy in India includes the following:

• Access to full compensation for women employees during maternity leave.
• Compensation is calculated based on salary/wages in the 3 months prior to leave application.
• Full salary is paid during the entire leave duration.
• Childcare leave and a guarantee to return to the same or equivalent post are provided.
• The Act applies to all organisations. Maternity leave in the private sector is similar to that in the public sector.
• Additional leaves on medical grounds are also provided for recovery under the eligibility conditions for maternity leave eligibility conditions.
• Amenities like hygienic washrooms, comfortable seating, and safe drinking water must be available at the workplace.
• Payments during leave equal the average daily wage rate for the actual leave period.
• Various labour laws like the Employer State Insurance Act, 1948; Maternity Benefit (Mines and Circus) Rules, 1963; Central Civil Service Rules, 1972; Mines Act, 1952; and Factory Act, 1948 outline procedures and compliances for employers on maternity health of employees.

Key Aspects to Consider While Applying for Maternity Leave in India

To ensure a smooth and hassle-free maternity leave experience, it is essential to consider certain aspects such as:

1. Compliance

Familiarise yourself thoroughly with the company's maternity leave policy, procedures and documentation requirements. Understanding internal guidelines is important.

2. Details in Application

Include all relevant particulars like duration of leave requested, stating it is for maternity-related reasons such as delivery and newborn care.

3. Supporting Documents

Provide authentic proofs wherever required, for example, a medical certificate showing the expected delivery timeline. Supporting documents aid authentication and faster application processing.

4. Addressing the Application

Address your application to your direct manager or the designated leave approvals authority in the organisation. This ensures it reaches the appropriate person for processing.

5. Timely Submission

For a smooth process, submit your application at least two months prior to the intended leave start date. This gives sufficient time to make arrangements in your absence.

Takeaway!

Providing extended paid leave for childcare facilitates a balance between career and family responsibilities.

While India has strengthened its maternity benefits steadily over the decades, full compliance and awareness remain areas that need more attention. If implemented in letter and spirit, the laws can transform social attitudes while nurturing millions of mothers and children.

Additionally, if you are planning to start a family soon then buying a maternity health insurance policy can provideexclusive coverage to you and your baby on board..

Care Joy is a pregnancy plan designed carefully for new parents and parents-to-be. So, invest in a maternity health insurance plan and protect your savings

Disclaimers: The above information is for reference purposes only: Policy Assurance and Claims at the underwriter's discretion.