Maternity Leave in India: Understand Rules, Benefits, & Eligibility

Working women in India face the challenge of balancing personal and professional responsibilities. One of the most important workplace benefits for pregnant women is maternity leave, which allows them to take time off for childbirth and care for their newborn without the fear of losing their jobs. Maternity leave is highly beneficial for the health and well-being of female employees and their newborns. 

Research suggests that several aspects of women’s health improved when Norway changed its 12-week unpaid leave policy to a 16-week paid leave policy, improving pain levels, blood pressure, smoking behaviors, and exercise. 

India’s maternity leave policies are designed to provide paid time off for female employees, ensuring their health and well-being during pregnancy and after childbirth. The Maternity Benefit Act (2017) outlines the rules and eligibility for employees across various sectors.

Maternity leave rules and duration vary by country and location.  In this blog, we’ll explore the rules, eligibility, and benefits of maternity leave in India, helping both employers and employees understand this crucial policy. 

What is a Maternity Leave? 

Maternity leave is paid leave granted to pregnant employees. It allows them to take rest and time off to bond and care for the well-being of their newborn without the risk of losing their jobs. 

Employers are required to grant maternity leaves to their female employees while being obligated to pay a full salary. 

In India, critical rules and policies are drafted to guide the maternity policy. Let’s take a closer look at these rules. 

Legal Government Acts on Maternity Leave in India

The Maternity Benefit Act is the primary government act that governs the legal framework and policies of maternity leave in India. However, this act has undergone several changes and amendments to meet the evolving needs of pregnant employees. 

Here’s an overview of these legal frameworks. 

Maternity Benefit Act, 1961

The Maternity Benefit Act, formulated in 1961, regulates the maternity leave policy and benefits in India for employed women. It includes all aspects, like eligibility, applicability, payment terms and conditions, medical bonuses, and nursing breaks. 

Unlike the first Bombay Maternity Bill, introduced in 1928, which limited the safety and security of women working only in factories (and not in agriculture or informal sectors), the Maternity Benefit Act of 1961 applied to several establishments, including mines, shops, factories, and plantations across industrial, commercial, and agricultural sectors. 

According to the 1961 act, women were entitled to a total of 12 weeks of paid maternity leave—6 months before and 6 months after the due delivery date. 

Besides, the act said that no employer had the right to terminate or fire pregnant women while on maternity leave, ensuring job security. 

Moreover, the employer was also liable to pay the woman’s selected nominee or legal representative in case of the unfortunate demise of the pregnant woman eligible for maternity leave benefits. 

Maternity Benefit Act, 2017

The 1961 Maternity Benefit Act was revised multiple times to improve and protect the rights of women employees. The latest revision was made in 2017 and amended to increase the duration of maternity leave in India, maternity leave benefits for adoptive mothers, and the work-from-home allowance. 

Here are the details about the amendments made to the act. 

1. Increased maternity leave duration 

   While the 1961 Maternity Act provided maternity leave of 12 weeks, the Maternity Benefit (Amendments) Act 2017 increased this duration to 26 weeks. This allows women to take 8 weeks of leave before the expected delivery date and 18 weeks of leave after the expected delivery date. 

   However, the leave duration also varies based on the number of children the woman has and how many deliveries she has had before, which we will get into later. 

2. Option to work from home

   The Maternity Benefit Amendment Act 2017 provides women with the flexibility to work from home if the nature of the job supports it. Thus, the female employee can choose to work from home during her pregnancy. 

   Moreover, once the female employee completes her maternity period, she can choose to work from home and extend the period if the employer and the nature of the job allow it. The employer and the employee must mutually agree upon this decision. 

3. Increased leave extension 

   In specific medical conditions, such as preterm birth, illness, miscarriage, or terminated pregnancy, women employees are eligible to opt for an additional 6 weeks of maternity leave on top of their 26 weeks of leave. 

   This allows women to recover and take well-deserved rest before getting back to work. 

4. Maternity leave benefits for commissioning, adoption, and surrogate mothers

   Besides pregnant employees, the 2017 Maternity Amendment Act also grants 12 weeks of maternity leave to women employees who lawfully adopt a child below three months of age. The maternity leave commences on the day an employee formally adopts a child. 

   Moreover, the act also grants 12 weeks of paid maternity leave to surrogate mothers and commissioning mothers who use their eggs to give birth to someone else’s child. 

5. Creche facilities

   One prominent amendment made to the act included the availability of creche facilities. 

   Organizations and businesses with at least 50 employees should provide a creche facility at a prescribed distance. Pregnant employees should be allowed to visit the creche four times a day, including the rest allowed to them. 

6. Job security 

   The 2017 Amendment Act and legislation emphasize job security, ensuring that women returning from maternity leave are reinstated to their original job positions with the same employment conditions. 

7. Compliance and documentation 

   The act requires employers to adhere to the documentation and compliance conditions and aspects mentioned in the act, including submission of medical certificates and other relevant documents. 

   This ensures legal and smooth proceedings and implementation of maternity leave. 

8. Medical benefits

   Based on the employee’s insurance policy, the employer is required to cover medical expenses and provisions for medical benefits, including childbirth, pre–natal and post-natal care, and expenses related to pregnancy, hospitalisation fees, and medicines. 

   Let’s take a quick overview of the difference between the two maternity and the amendments made for women's empowerment. 

Maternity Leave Policy Rules in India

The maternity leave policy in India is governed by critical rules set by the Maternity Benefit Act of 2017. These rules are outlined below: 

• Employers must mandatorily pay full salary to employees on maternity leave. This applies to the employee’s daily wages in the last three months of their employment before starting the maternity leave. 

• Employers are required to provide accessible childcare provisions and facilities to female employees, like creches, and also let them continue with their previous positions in the organization, which they left off for their maternity leave. 

• Employers must not employ a woman at an organization after 6 weeks of delivery, pregnancy termination, or miscarriage, mandating a 6-week leave for rest. 

• Employers must provide certain workplace amenities to women employees, such as hygienic restrooms, safe drinking water, and comfortable working and seating spaces. 

• Employers must grant additional leave to their female employees if they are unable to work after maternity leave or provide work-from-home provisions if both the employer and employee agree. 

• Employers cannot fire or dismiss an employee’s employment while on maternity leave, which can result in a punishable offense against the employer. 

• Employees need to provide a legal notice or maternity leave application to their employer before going on a maternity leave. The same applies when the employee returns back from the maternity leave after delivery. 

• Extended provisions are provided for employees in the public sector and central government. These government employees are eligible for an extended leave of a total of 2 years beyond their maternity leave, which they can avail of whenever needed until their child turns 18 years old. However, the employee gets partial pay for this extended leave. 

Maternity Leave Eligibility Criteria

Here are the eligibility criteria female employees need to meet to avail of maternity leave: 

• A pregnant employee is eligible to apply for maternity leave if she has worked for at least 80 days in the total 12 months preceding the expected delivery date. 

• Employed women working in private companies or public sectors, like organizations, government jobs, factories or mines with 10 or more employees, are eligible for maternity leave. However, women working in organizations with less than 10 employees or self-employed women are not eligible to apply for maternity leave in India. 

• Pregnant employees need to submit relevant documents, such as medical certificates issued by a registered medical practitioner, to confirm their pregnancy. 

What are the Benefits of Maternity Leave?  

Employers are required to provide medical benefits under their insurance policy. This coverage may include pre-natal, and post-natal care, hospitalization, and expenses related to pregnancy. The extent of these benefits depends on the company’s health insurance policies.

Female employees who took paid maternity leave experienced a 47% decrease in the odds of maternal or infant rehospitalization. Besides good health, maternity leave benefits women employees in numerous other ways, as listed below. 

1. Supports the mother’s health and well-being

   Delivering a child can have a significant impact on a woman’s physical and emotional well-being. Child birth can bring physiological changes, demanding women to take rest and recover from the delivery. 

   Maternity leave allows women to leverage the time after the delivery to recover and manage post-partum anxiety, depression, and other mental health challenges. Almost 85% of mothers experience postpartum blues and feel extreme emotions. 

   Maternity leave, in such cases, helps women focus and manage these emotions rather than getting back to work. 

2. Bonding with the newborn 

   Maternity leave allows working women or even commissioning or surrogate mothers to spend time and bond with their newborn, especially for the first initial months.  

   This attachment that is created between a mother and a child during the maternity leave period fosters positive child development, promotes emotional stability, and reduces behavioral issues. 

   Statistics say that infants whose mothers start working within 12 weeks or earlier are more likely to develop behavioral problems, get irregular doctor checkups, and be less likely to be breastfed. 

   Hence, a maternity leave period that provides leave of up to 18 weeks after the delivery allows mothers to consistently breastfeed their newborn, improving their health and nutritional value. 

3. Child health and development

   Mothers working during the child’s first year negatively impacts the child’s cognitive development. 

   Maternity leave allows expecting mothers to provide consistent and continuous care and attention during the initial days, reducing risks of illness and infant mortality. 

   Maternal presence around the child positively affects their motor, cognitive, and social skills. 

4. Job and financial security

   Paid maternity leave provides financial support to female employees, ensuring they get a full salary during the leave, an additional medical bonus, and pre-natal and post-natal expenses, avoiding financial disruptions. 

   At the same time, maternity leave protects a woman’s job, making them more likely to return to the same employer, sustaining their professional growth and preventing career disruptions. 

5. Enhanced employer-employee relationship 

   Organizations and employers that value women’s needs and demands enhance the bond and relationship between an employer and a female employee, resulting in higher retention rates, improved workplace efficiency, and enhanced morale and reputation of the organization. 

   Women who utilized their paid maternity leave had a 92.3% probability of returning to the same employer and only a 2.6% probability of quitting their jobs. 

6. Work-life balance

   Maternity leave significantly alleviates the stress associated with managing work and a newborn baby’s responsibilities simultaneously. 

   The leave allows expectant mothers to adjust and meet their responsibilities without compromising their job role and performance and their and their newborn’s health. 

7. Support for families with surrogate or adopted children 

   Besides a biological mother, surrogate and commissioning mothers can also avail maternity leave, allowing them to bond and take care of their newborn child to make them feel comfortable and establish a healthy and inclusive family environment. 

8. Increased awareness and cultural shift

   Maternity leave policies allow organizations to foster an inclusive work culture and promote women's empowerment at their workplace. 

   At the same time, offering paternity leave along with maternity leave spreads awareness. It is part of a cultural shift towards recognizing the importance of family roles and the support of both parents in taking care of a child. 

Duration of Maternity Leave in India

The duration of maternity leave in India is quite flexible and depends on the purpose and type of maternity leave. Here is a tabular representation that outlines the duration of maternity leave in India as per the Maternity Benefit Act, 2017. 

How to Apply for a Maternity Leave? 

The steps to apply for maternity leave are guided by the company policies and the Maternity Act requirements. Here are the general steps to apply for maternity leave in India. 

1. Review company policy and eligibility 

   The first step in applying for maternity leave is reviewing the organization’s policy, which can be found on the company’s HR portal. The policies may vary in some way from one company to another; hence, reviewing and understanding specific company requirements ensures you follow the right procedures. 

   The policy also allows you to check whether they meet the eligibility criteria under the company policy and the Maternity Benefit Act. 

2. Notify your employer in advance

   Next, pregnant employees need to determine the pre-natal and post-natal leaves based on their expected date of delivery.  

   Once these things are cleared, it’s important to notify and inform the employer about the maternity leave at least 10 weeks before the due delivery date, which is 2 weeks before going on the maternity leave. 

   Typically, the maternity leave application should consist of: 

   • Expected start date of the maternity leave
   • Expected delivery date
   • Maternity leave duration

   This allows the company some time to arrange the coverage in the employee’s absence and manage roles and responsibilities. 

3. Provide necessary documentation

   Most organizations typically require a doctor’s certification as a proof of pregnancy to confirm the expected delivery date and other details. 

   In addition, if your organization has specific maternity leave forms, make sure you fill and submit them on time to avail of maternity leave. 

4. Plan and coordinate work transition and handover

   Coordinate with your supervisor and team members to understand any pending tasks, deadlines and what needs to be paused or reassigned to other members. 

   Provide handover training with proper documentation to ensure minimal disruptions in the employee’s absence. 

5. Discuss post-maternity conditions

   Whether you wish to extend your maternity leave or opt for a work-from-home option post-maternity, convey it to your employer if your company consists of 50 employees and above. 

6. Submit the leave application and confirm approval

   Once you submit your maternity leave application, follow up with HR for approval along with the approved dates and other terms and conditions. 

Maternity leave policy challenges for employers

Employers may face several challenges when it comes to managing maternity leave and balancing employee needs and operational demands. Here are a few challenges employers may face: 

• When a pregnant woman with critical roles and responsibilities goes on a maternity leave, it may disrupt and leave a temporary gap in the workforce. Managing these gaps, ensuring continuity of work, redistributing work, and finding the right replacement can get a bit challenging for employers. 

• Maternity leave is a paid leave benefit for employees, but smaller organizations and businesses may find it challenging to adjust budget and cost management while managing the rest of the workload. 

• Work distribution within a smaller team can result in lower morale and them feeling overburdened and burnout, disrupting established workflows and deadlines. 

• Sometimes, employees may choose not to return to work after maternity leave and resign, affecting operational costs and leading to a loss of skilled and valuable talent and a high turnover. 

• Employers need to comply with the Maternity Benefit Act and legal requirements, ensuring updated policies and accurate leave processing. Non-compliance and perceived discrimination can result in legal and reputational risks. 

Employers can overcome and prevent these challenges with strategic planning and workforce implementation. 

For instance, pre-planning workforce changes and coverage, offering flexible work arrangement options, outsourcing work or hiring temporary staff, and fostering a supportive culture for employees returning from maternity leave can help employers mitigate maternity leave challenges. 

Conclusion 

The maternity leave policy is an excellent benefit that empowers working women in India and promotes a healthy work environment. By leveraging the maternity leave policy, pregnant employees can experience the miracle of childbirth and childcare stress-free without worrying about their careers or finances. 

By understanding the rules and benefits outlined in the Maternity Benefit Act, both employers and employees can ensure a smooth and legally compliant maternity leave experience. At Darwinbox, we offer intuitive HR solutions that simplify maternity leave management, helping businesses streamline processes while supporting employees. 

Our workforce management suite allows organizations to access advanced analytics and real-time data about employee time and attendance and manage remote or hybrid employees efficiently. 

At the same time, our employee experience suite makes self-service a breeze for employees, allowing them to easily access HR policies and documents, leverage an employee helpdesk that ensures faster query resolution, and ensure a smooth return to work workflow, which is highly beneficial for female employees post-maternity. 

Explore our HR solutions today to improve your workforce management.

FAQs

How many days of maternity leave are granted to government employees?

Irrespective of the sector, whether it’s a private or public sector (government), the Maternity Benefit Act, 2017 grants employees maternity leave of 26 weeks (8 weeks before the due delivery and 18 weeks after the due delivery date).

Is maternity leave offered for 6 months or 9 months?

The standard maternity leave duration is 6 months, which is 26 weeks. There is no official notice or record of the leave for 9 months.

Can a father take paid maternity leave in India?

While there is no law or act that mandates paternity leave since the Maternity Benefit Act is specifically designed for pregnant women, some private companies may offer paternity leave for their male employees following the birth of their child.

What is the “Right to Pay” in India's maternity leave policy?

The ‘Right to Pay’ in the maternity leave policy of India refers to women’s entitlement to receive full salary compensation from their employer while on maternity leave.

Can an employer dismiss an employee who is on maternity leave?

No, an employer cannot fire or dismiss a female employee on maternity leave. However, they can find a temporary replacement to ensure business continuity.