Maternity Leave in India – Understanding the Maternity Benefit Act
In this blog, we explain the Maternity Benefits Act. We cover insights on eligibility, coverage, and adoption. You’ll also find a template for applying for maternity leave in India and a checklist to ensure compliance with the Act.
📑 Table of Contents
The Maternity Benefit Act is one of the most critical acts to comprehend when planning to build an aspiring workforce.
Through this blog, we will learn the eligibility, duration, pay calculation, employer obligations, adoptive and commissioning provisions, miscarriage leave, work-from-home, nursing rules, and the penalties.
In this maternity leave in India blog, we will take a detailed look at how maternity policies across other countries compare with the Maternity Benefit Act of India and where this fits in the grand scheme of employment benefits.
To help you be compliant right off the bat and have everything you need handy, we are attaching a few checklists, templates, and examples to implement a compliant policy today.
What is Maternity Leave in India?
Maternity leave in India is a provision designed to ensure workforce equity.
This is a leave entitlement for working women that ensures they can prioritize their personal lives and care for their families without worrying that it will hinder their professional growth.
It ensures that once the female employee returns to work after birthing and nursing the child, they can resume their work right where they left off.
Scope and Applicability
We cover women employed in:
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- Private companies, startups, and MSMEs (≥10 employees)
- State and Central government offices
- Shops and commercial establishments covered by state notifications
- Mines, plantations, and factories
Not covered: establishments with <10 employees and self-employed workers (unless covered under another scheme or contract).
Core Entitlements at a Glance
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- 26 weeks of paid maternity leave for the first and second child (Up to 8 weeks pre-delivery, remaining post-delivery)
- 12 weeks of paid leave for the third and subsequent children
- 12 weeks paid leave for adoptive mothers (infant below 3 months) and commissioning mothers (surrogacy), starting the day the child is handed over
- 6 weeks paid leave following miscarriage or medical termination of pregnancy (MTP)
- Full pay during leave, calculated on the average daily wage
- No arduous work or long hours during the 10 weeks before expected delivery
- Nursing breaks on return to work (as per internal policy and law)
- Work-from-home option where job duties permit (mutual agreement)
- Crèche facility access if the establishment has 50+ employees with up to four daily visits (including rest/nursing)
- 26 weeks of paid maternity leave for the first and second child (Up to 8 weeks pre-delivery, remaining post-delivery)
Who is Eligible for Maternity Leave in India?
One of the first qualifying criteria for maternity leave eligibility is that the organization must have 10 or more employees.
Followed by the expectation of having worked ≥80 days in the 12 months immediately preceding the expected delivery date with the same employer.
The final expectation is to meet the relationship requirement for adoption or commissioning motherhood as defined in the Maternity Benefits Act.
What are the Maternity Leave Benefits in India?
The key benefit of maternity leave is, obviously, the leave itself; however, it is not that straightforward. Numerous secondary and tertiary associations govern the leave structure and pay.
The best benefits are obviously for the first and second child, and while they taper off significantly, the benefits remain substantial for the post-delivery period.
Let’s have a look at all the structures and the subsets associated with them –
What are the maternity leave rules in India for delivery and adoption, respectively?
1) First and Second Child
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- 26 weeks total
- Up to 8 weeks pre-delivery
- Balance post-delivery
- 26 weeks total
2) Third and Subsequent Children
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- 12 weeks total
- Customarily split post-delivery (employer may allow pre-delivery component)
- 12 weeks total
3) Miscarriage / MTP
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- 6 weeks paid leave commencing immediately after the event (medical proof required per policy).
4) Adoption / Commissioning Mother
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- 12 weeks from the date the newborn is handed over.
Pay Calculation (Maternity Benefit)
Statutory basis: Pay equals the average daily wage for the period of actual absence.
Average Daily Wage (ADW) = Total wages paid in the last 3 calendar months / Total days worked in those 3 months.
Maternity Benefit = ADW × Number of leave days sanctioned
Wages include basic + DA and other cash components per wage policy; exclude purely discretionary bonuses. Follow your payroll definition consistently.
Example
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- Last 3 months gross payable considered for ADW: ₹90,000
- Days worked in those months: 66
- ADW = 90,000 ÷ 66 = ₹1,363.64
- Leave sanctioned: 182 days (≈26 weeks)
- Maternity Benefit = ₹1,363.64 × 182 ≈ ₹2,48,000 (rounded per payroll rules)
Pay monthly on regular payroll dates. Maintain payslips and ledger entries tagged “Maternity Benefit-Statutory.”
Need Help Understanding Maternity Leave Benefits?
Remunance simplifies maternity leave compliance and employee benefits for your business.
What are the Maternity Leave Challenges for Employers and Employees in India?
India, with its diverse and competitive workforce, presents numerous challenges for both employers and employees alike.
A few of these challenges address core problems, such as managing workforce productivity, increased costs due to hiring new replacements, potential employee turnover due to GAP, and/or nursing needs.
On the other hand, employees face issues due to a lack of clarity regarding their leaves and their rights and responsibilities under the Maternity Benefit Act.
Employees also feel the heat due to the abundance of the workforce, as they feel left behind and push for an early return so they do not miss out on much.
The best way to tackle this is to ensure both sides have a clear understanding of the legal framework and that execution is smooth, cutting down on delayed approvals, lack of nursing breaks, and support facilities.
Remunance Employer of Record
Facing Challenges with Maternity Leave Management?
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Workplace Protections and Post-Return Rights
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- No dismissal or adverse action due to pregnancy or maternity leave.
- No employment during the 6 weeks immediately following delivery or miscarriage.
- Reinstatement to the same or equivalent position with continuity of service and benefits.
- Nursing breaks and reasonable accommodations on return (document in policy).
- No hazardous/difficult tasks or overtime during the 10 weeks pre-delivery window.
- No dismissal or adverse action due to pregnancy or maternity leave.
Work-From-Home
We recommend a WFH assessment based on role feasibility:
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- Define scope (tasks, deliverables)
- Set duration (e.g., 4–12 weeks post-leave)
- Confirm equipment, data security, and working hours
- Record agreement in email or HRIS note
Crèche (50+ Employees)
Where applicable, we recommend:
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- On-site or nearby crèche via in-house, shared, or third-party facility
- Four daily visits permitted (including intervals for nursing)
- Clear SOP: enrollment, pick-up, hygiene, medical response, visitor protocol
Penalties for Non-Compliance
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- Monetary fines and potential imprisonment
- Back-pay of denied benefits and legal costs
- Reputational damage and employee attrition
We advise periodic audits, policy updates, and HR/payroll training.
HR Compliance Checklist
Employee How-To: Applying for Maternity Leave
Required Documents
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- Medical certificate with expected delivery date
- Proofs for adoption/commissioning cases
- Internal forms as per HRIS
Timelines
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- Serve written notice with the intended start date
- Submit medical certificate and bank details (if required)
- Keep HR updated on the actual delivery date to finalize balances
Templates
A) Formal Notice Email (Employee – HR)
B) HR Approval Email (HR – Employee)
Subject: Approval: Maternity Leave – [Employee Name], [Employee ID]
Dear [Name],
Your maternity leave is approved from [start date] to [end date] (total [weeks/days]), with benefits payable as per the Maternity Benefit Act, 1961. Nursing breaks, WFH (if any), and reinstatement details are noted in your attached leave plan.
Regards,
[HR Name], HR
Policy Drafting Guide for Employers
Include:
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- Eligibility and documentation
- Leave duration scenarios (26/12/12/6 weeks)
- Pay formula and payout schedule
- No arduous work window and task adjustments
- Crèche access rules (if 50+)
- Nursing breaks structure
- WFH criteria and agreements
- Reinstatement and non-retaliation clause
- Data privacy and record retention
- Grievance redressal and appeal process
How can Remunance Help You With Maternity Leave in India?
Remunance, being your local Employer of Record, takes the responsibility of all the compliance heads on. With over 17 years of operational experience in payroll and manpower management, they understand the Maternity Benefits Act inside and out, which ensures you do not miss out on a thing.
With Remunance’s advanced payroll system, integrating the maternity pay in their payroll system is like running a hot knife through butter.
Remunance also helps track other employee benefits that may be relevant for maternity leave, such as medical benefits, insurance, and other allowances that employees are entitled to during their maternity period.
Simplify Maternity Leave Management with Remunance
From payroll integration to compliance tracking, Remunance ensures seamless handling of maternity benefits and employee entitlements in India.
Country Comparison for Policy Benchmarking
| Country | Core Maternity Entitlement | Pay Structure (high-level) | Notable Notes |
| India | 26 weeks (first/second child); 12 weeks (third+) | Employer-paid based on average wages | +12 weeks for adoptive/commissioning mothers; 6 weeks post-miscarriage |
| United Kingdom | Up to 52 weeks (Ordinary + Additional) | Up to 39 weeks paid (SMP/statutory), remainder unpaid | First 6 weeks at higher SMP rate (linked to earnings), then standard rate |
| United States | No federal paid leave | FMLA: up to 12 weeks unpaid job-protected (eligibility rules apply) | Some states offer paid family leave separately |
| Japan | 14 weeks maternity leave | Social insurance pays a percentage of wages | Childcare leave extends parental time (often up to 12 months or more) |
These snapshots are for orientation when benchmarking benefits. Always verify local updates before formal adoption.
Manager Playbook
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- Discuss leave plan early; document pre/post split
- Reassign hazardous or heavy tasks 10 weeks prior to due date
- Set backup ownership and knowledge transfer dates
- Share a return-to-work plan (phased hours, WFH, nursing breaks)
- Conduct a reintegration meeting in Week 1 post-return
Risk Controls and Recordkeeping
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- Keep leave notices, medical certificates, payroll proofs, crèche logs, and WFH agreements.
- Run quarterly compliance audits
- Maintain confidentiality of medical data
- Train managers on non-discrimination and reinstatement norms
Conclusion
We’ve provided a complete, implementation-ready guide to Maternity Leave in India under the Maternity Benefit Act, 1961 (as amended in 2017).
Use the checklist, templates, and pay formula to stay compliant, reduce risk, and support employees through pregnancy, birth, and return-to-work.
FAQS
How many weeks can we sanction for the first or second child?
26 weeks, with up to 8 weeks pre-delivery.
What if the employee experiences a miscarriage or MTP?
Grant 6 weeks paid leave starting immediately after the event upon medical confirmation.
How do we handle adoptive and commissioning mothers?
Provide 12 weeks from the day the newborn is handed over.
Can we replace an employee while she is on maternity leave?
No. Reinstatement to the same or equivalent role is required.
How do we compute pay?
Use the average daily wage from the prior 3 months × number of leave days.
Can we approve additional time off beyond statutory leave?
Yes, by mutual agreement (e.g., extra paid/unpaid leave, WFH).
Are nursing breaks mandatory?
Yes, structure them reasonably in your policy and manager guides.
Do we need a crèche?
If you have 50+ employees, ensure access and allow up to four daily visits.
Related Posts
Comprehensive Guide to Paternity Leave in India
Employer of Record India for Easy Hiring
