Maternity Leave

What is Maternity Leave?

Maternity Leave gives working mothers 26 weeks of paid leave for the first two children, and 12 weeks for the third child onwards. The Maternity Benefit Act 1961, amended in 2017, applies to every establishment with 10 or more employees, factory, shop, office, hospital, or otherwise. The mother must have worked at least 80 days with the employer in the 12 months before her expected delivery date to qualify. Up to 8 weeks of the leave can be taken before delivery; the rest after. Salary during the leave is paid by the employer at the rate of average daily wages. Adoptive mothers (for a child below 3 months) and commissioning mothers in surrogacy cases get 12 weeks. Establishments with 50+ employees must also provide creche facilities.

Formula: Eligibility: 80+ working days with employer in 12 months before expected delivery date

Example

Sneha joined her company in March 2024. Her expected delivery is May 2025. She has worked 200+ days in the prior 12 months, so she qualifies for full 26 weeks of paid maternity leave.

How Maternity Leave is used

HR collects the medical certificate, processes the leave application, and ensures payroll continues at average daily wages. Mothers can extend with EL or unpaid leave if needed.

Maternity Leave FAQs

Who pays during maternity leave in India?

The employer pays full salary at average daily wages for the 26 weeks. There's no government reimbursement under the Maternity Benefit Act for non-ESI employees.

Can maternity leave be extended?

Yes. After the 26 weeks, employees can use EL, unpaid leave, or work-from-home arrangements (if work permits) under Section 5(5) of the Act.

Is maternity leave applicable in startups?

Yes, if the startup has 10 or more employees. The Maternity Benefit Act applies to all establishments meeting this threshold, regardless of industry or size of revenue.