Central law that gives 26 weeks of paid maternity leave for the first two children, plus creche, work-from-home, and nursing breaks. Applies to establishments with 10 or more employees.

Maternity Benefit Act, 1961

Central law that gives 26 weeks of paid maternity leave for the first two children, plus creche, work-from-home, and nursing breaks. Applies to establishments with 10 or more employees.

What is Maternity Benefit Act, 1961?

The Maternity Benefit Act, 1961, amended in 2017, applies to every factory, mine, plantation, shop, or establishment with 10 or more employees. A woman who has worked at least 80 days in the 12 months before her expected delivery date is entitled to 26 weeks of fully paid leave for her first two children, of which up to 8 weeks can be taken before delivery. For the third child onward, the entitlement is 12 weeks. Adoptive and commissioning mothers get 12 weeks. Employers with 50+ employees must provide a creche within prescribed distance. After the 26-week leave, the employer may permit work-from-home if the nature of work allows. Dismissal during maternity leave is prohibited under Section 12.

Example

Anjali, a software engineer at a 60-person firm, is expecting her first child. She gets 26 weeks of paid leave at her full salary, plus access to the office creche after she returns.

How Maternity Benefit Act, 1961 is used

Update leave policy and HRMS to auto-grant 26 weeks for first 2 children, 12 for third, and track 80-day eligibility before approving the maternity claim.

Maternity Benefit Act, 1961 FAQs

Is the 26-week maternity leave fully paid?

Yes. The employer pays maternity benefit at the average daily wage for the entire 26-week period. There is no cap on salary, and EPF and gratuity continue to accrue during the leave.

What is the penalty for denying maternity benefits?

Section 21 prescribes imprisonment of 3 months to 1 year and a fine of ₹2,000 to ₹5,000. The employer is also liable to pay the full benefit plus arrears to the affected woman.

Are women on contract or fixed-term roles eligible?

Yes, if they have completed 80 days of work in the preceding 12 months with the same employer. The Act covers all women employees, including those on fixed-term contracts.