In India, the Maternity Benefit (Amendment) Act 2017 entitles eligible women employees to 26 weeks of paid maternity leave for the first two children, and 12 weeks for subsequent children. The Act applies to all establishments with 10 or more employees. Employers with 50 or more employees must also provide creche facilities.

Statutory entitlement

26 weeks of paid maternity leave for the first two children (up to 12 weeks can be taken before the expected delivery date). 12 weeks of paid maternity leave for the third child and subsequent children. Paid at the average daily wage for the period of absence.

Eligibility

Women employees must have worked for the employer for at least 80 days in the 12 months immediately preceding the expected date of delivery. The Act applies to factories, mines, plantations, shops, and establishments with 10 or more employees.

Employer obligations

  • Grant 26 weeks of paid maternity leave for the first two children and 12 weeks for subsequent children.
  • Pay the employee's average daily wage during maternity leave.
  • Allow up to 12 weeks of leave before the expected delivery date.
  • Provide creche facilities for establishments with 50 or more employees.
  • Allow four visits to the creche per day (including the rest interval).
  • Not dismiss or discharge a woman during maternity leave.
  • Allow work from home if the nature of work permits, after the 26 weeks of leave.

Employee rights

  • Right to 26 weeks of paid maternity leave (12 weeks for subsequent children).
  • Right to be paid at the average daily wage during maternity leave.
  • Right to creche facilities if the employer has 50 or more employees.
  • Right to work from home if the nature of work permits.
  • Right not to be dismissed or discharged during maternity leave.

Common pitfalls

  • Applying the 26-week entitlement to all children — it is only for the first two children. The third child and subsequent children are entitled to 12 weeks only.
  • Not providing creche facilities — establishments with 50 or more employees must provide a creche within a prescribed distance.
  • Dismissing an employee during maternity leave — this is a criminal offence under the Maternity Benefit Act.

How maternity leave is structured

Maternity leave is 26 weeks for the first two children. The woman can take up to 12 weeks before the expected delivery date and the remaining 14 weeks after. For the third child and subsequent children, the entitlement is 12 weeks (6 weeks before and 6 weeks after).

Creche facility requirements

Establishments with 50 or more employees must provide a creche facility within a prescribed distance. The employer must allow the woman four visits to the creche per day, including rest intervals.

Work from home provision

The 2017 amendment introduced the option for women to work from home after the maternity leave period, if the nature of work permits. The duration and conditions are to be mutually agreed between the employer and the employee.

Frequently asked questions

Are women in the unorganised sector covered?

The Maternity Benefit Act applies to formal sector establishments. Women in the unorganised sector may be eligible for maternity benefits under the Pradhan Mantri Matru Vandana Yojana (PMMVY).

Is adoption leave covered?

Yes. Women who adopt a child under three months of age are entitled to 12 weeks of maternity leave from the date the child is handed over.

Can a woman on maternity leave be promoted?

Yes. A woman on maternity leave cannot be denied a promotion solely on the grounds of her absence during maternity leave.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.