Quick answer: The Maternity Benefit Act, 1961 was India’s law on paid maternity leave. From 21 November 2025 it was repealed and carried into Chapter VI of the Code on Social Security, 2020. A woman who has worked 80 days in the past 12 months gets up to 26 weeks of paid leave, at her average daily wage, from her employer.
- Up to 26 weeks of paid leave, with no more than 8 weeks before delivery.
- 12 weeks for a woman with two or more surviving children, and for adoptive and commissioning mothers.
- A crèche is required at 50 or more employees, or a crèche allowance of at least ₹500 a month per child by agreement.
- A medical bonus of ₹3,500 is payable if you don’t provide free pre-natal and post-natal care.
What do the maternity benefit rules say now?
Mostly the same as before. Two things changed: the law moved, and the adoption rule widened.
| Situation | Paid leave |
|---|---|
| First or second child | 26 weeks (max 8 before delivery) |
| Two or more surviving children | 12 weeks (max 6 before delivery) |
| Adoptive mother | 12 weeks from handover, whatever the child’s age |
| Commissioning mother (surrogacy) | 12 weeks from handover |
| Miscarriage or medical termination | 6 weeks |
The adoption row changed in 2026. In Hamsaanandini Nanduri v Union of India, the Supreme Court struck down the “child below three months” condition in section 60(4), as HSF Kramer’s note on the ruling explains. Adopting a two-year-old now earns 12 weeks too.
After the leave, you may let her work from home if the role allows, on terms you both agree. That’s optional.
How much do you pay during maternity leave in India?
Her average daily wage for each day of absence, worked out on the three calendar months before the leave starts.
Suppose a Pune analyst’s wages under the Code are ₹52,000 a month. Her daily rate is ₹52,000 ÷ 26 = ₹2,000. For 26 weeks (182 days) of absence, you pay about ₹3,64,000. Budget it early.
Two points trip up foreign employers. First, the base is “wages” under the 50% rule, not basic pay alone. Second, women insured under ESI are paid by ESIC, not by you, once they qualify there.
The crèche duty is the other surprise. It turns on headcount, and the Labour Ministry’s 16 March 2026 FAQs say that once an establishment crosses 50 employees, the facility must be open to every parent, whatever their gender.
How does Remunance manage maternity benefit for your team?
Remunance is the legal employer, so we apply the Code on Social Security maternity rules, run the payroll for the leave and keep her role protected. We handle the crèche allowance where it applies and keep POSH Act policies current for the same team. Our guide to maternity leave in India covers the employee side in full. To plan cover and cost for an upcoming leave, talk to an India HR compliance specialist.
What else do people ask about maternity leave in India?
Is maternity leave paid in India for private companies?
Yes. Every employer covered by the Code must pay full average daily wages for up to 26 weeks. ESIC pays instead for insured women.
Can an employer terminate an employee during maternity leave?
No. Section 68 of the Code makes it unlawful to discharge or dismiss her during, or because of, that absence. You also can’t serve a notice timed to expire while she’s away.
Is there paternity leave under the maternity benefit rules?
No. The Code covers mothers only, and private-sector paternity leave is a policy choice.