Pregnancy is a holy time when mother and child grow close together as the baby develops, but it goes further than this. Every new mom wants to enjoy her transition from pregnancy to motherhood. How about working moms-to-be who look forward to starting their journey of becoming mothers? The support that Indian mothers receive, before and after they have a child, is ingrained in our Indian culture.
Therefore, it makes sense to have a focus on motherhood even at the place of work. This can only happen with the Maternity Benefit Act, 1961, which allows would-be mothers to concentrate on their families and take some days off work as maternity leave, duly sanctioned by the Government of India.
All women employed in factories, mines, plantations or organisations with more than ten employees are governed by the Maternity Benefit Act and related maternity benefit rules. This section discusses the maternity leave rules in India, eligibility criteria and benefits for women employees.
Also Read: Maternity Benefit Scheme - Chief Minster Pregnancy Yojana Telangana
Overview
Before exploring each section in detail, this table gives you a quick snapshot of the most important maternity leave provisions in India. It helps you understand the duration, pay, eligibility, and benefits at a glance. Many employers also refer to the Maternity Benefit Act, 1961 PDF and the Maternity Benefit (Amendment) Act, 2017 PDF for compliance.
| Category | Details |
|---|
| Governing Law | Maternity Benefit Act, 1961 (Amended through Maternity Benefit Act, 2017 & updated discussions around the Maternity Benefit Act 2023) |
| Leave Duration | 26 weeks for the first and second child; 12 weeks from the third child onwards |
| Eligibility | Must have worked 80 days in the last 12 months before delivery |
| Payment | Full salary based on the average daily wage of the last 3 months |
| Applicable To | Women in factories, mines, shops, plantations & organisations with 10+ employees |
| Adoptive/Commissioning Mothers | 12 weeks of paid leave |
| Prenatal Leave | Up to 8 weeks before the expected delivery date |
| Job Security | Mandatory reinstatement in the same role after leave |
What Is Maternity Leave?
Maternity leave is a legally mandated period of paid absence granted to women employees before and after childbirth. It ensures that expectant mothers can prioritise their health, recover after delivery, and care for their newborn without the fear of losing their job. In India, maternity leave rights are protected under the Maternity Benefit Act, 1961, which ensures financial security and safeguards workplace equality. Government offices follow separate guidelines known as maternity leave for Government employees, which align closely with the central Act.
Maternity Leave Eligibility
Under the Maternity Benefit Act, 1961, a woman must work at least 80 days within the twelve months before her expected delivery date to qualify for maternity leave. If this requirement is met, she can take her entitled maternity leave along with any additional leave provided by her employer as per the Maternity Act.
Maternity leave in India is available to all women who are pregnant, adopting a child, or experiencing a miscarriage. These conditions are covered under the Indian maternity benefit rules.
Additionally, commissioning or surrogate mothers are entitled to up to twenty-six weeks of maternity leave. This leave starts from the day the newborn is handed over to the adoptive parents.
Women working in organisations covered under the ESI scheme may also avail maternity benefit under ESI Act, depending on their eligibility.
Maternity Leave Benefits
Maternity benefits are designed to provide financial protection and emotional comfort to new mothers during a crucial life phase. Here is what women employees can expect under the Act.
- A female employee can use her maternity leave during which period she is paid her full salary while away, discharging her maternal duties.
- The Maternity Benefit Act, 1961 provides that for the first and second delivery, she can take six months or twenty-six weeks off.
- For every child thereafter, a mother can go on leave for three months or twelve weeks during her maternity leave period, for which she is entitled to be paid her full wages by the employer.
The Maternity Benefit Act, 2017 played a major role in extending leave and strengthening support for working mothers.
Also Read: How To Apply For The National Family Benefit Scheme (NFBS)?
Key Features Of The Maternity Benefit Act 1961
The Act includes several safeguards to protect working mothers and ensure that they do not face discrimination at their workplace. Below are the core features that define its strength and effectiveness.
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Job Security: On returning from maternity leave, women are reinstated in the same role they held before, ensuring career continuity.
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Extended Leave: If a mother is unable to return to work post-maternity leave, additional leave may be granted for recovery and childcare.
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Support at the Workplace: Employers must provide a safe and comfortable work environment for pregnant women, including access to clean toilets and safe drinking water.
Understanding Maternity Benefits
To truly appreciate the Act, it is essential to understand its legal framework and the updates introduced in recent decades. These provisions make maternity leave more beneficial and women-friendly.
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Act Overview: The Maternity Benefit Act was established in 1961 to support working mothers by providing clear guidelines on maternity leave entitlements.
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2017 Amendment: The Maternity Benefit Act, 2017 update extended the duration of maternity leave from 12 weeks to 26 weeks for the first two children, providing more time for mothers to care for their newborns.
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2023 Discussions: Policy experts continue to push for improvements under the proposed Maternity Benefit Act 2023, focusing on flexibility and workplace inclusivity.
Importance of Maternity Leave
Maternity leave is more than just time off work—it plays a significant role in shaping the health and future of both mother and child. The points below highlight why this leave is indispensable.
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Health and Recovery: Maternity leave allows mothers to recover physically and bond with their newborn without the stress of work.
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Gender Equality: By securing time off for maternity without the risk of job loss, the Act supports gender equality in the workplace.
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Child and Mother Health: Extended leave helps mothers attend to their health needs and those of their babies, reducing potential postpartum complications.
Maternity Leave Policy in India
India’s maternity leave policy is designed to offer adequate rest before and after childbirth. These provisions ensure financial stability and workplace protection for all eligible women, applicable across private firms, government institutions, and even sectors governed by the maternity benefit under ESI Act.
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Duration: Eligible women can take up to 26 weeks of paid leave, with the possibility to start the leave up to 8 weeks before the expected delivery date.
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Salary Benefits: Women are entitled to their full pay during maternity leave, based on their average daily wage for the three months preceding the leave.
Also Read: ABHA Card Registration | Apply for ABHA ID | Benefit And Download PDF
HR Maternity Leave Policy
The Maternity Benefit (Amendment) Act, 2017 was enacted as an amendment bill to the Maternity Benefit Act. These changes take into account evolving family structures, changes in motherhood definitions and improvements in the well-being of both mother and child. Key amendments include:
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Increasing paid maternity leave from 12 weeks to 26 weeks for women employees.
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Increasing pre-natal leave from 6 weeks to 8 weeks.
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Providing 12 weeks of maternity leave for the third child and subsequent children.
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Granting 12 weeks of maternity leave for adoptive mothers and commissioning, or surrogate mothers.
Employers are encouraged to refer to the official Maternity Benefit (Amendment) Act, 2017 PDF for full compliance.
Maternity Leave Challenges For Employers
When women are on leave, the Maternity Benefit Act, 1961 keeps them safe and protected; however, this can sometimes cause difficulties for companies in the absence of proper policies. Some employers do not have HR frameworks that cover maternity leave, while others lack fallback planning.
The Strain on Resources: Employers may face a strain on resources when one or more women employees are on maternity leave. Because another resource would have to fill in temporarily for an absent worker, things get worse.
Less Work and Productivity: Temporary voids left by women employees on maternity leave can affect productivity. This is because workloads may increase with remaining workers having to deal with unfamiliar or new job positions.
Keeping Top Performers: Companies that do not support such policies will experience challenges in recruiting and maintaining top performers. In a post-pandemic work culture, many mothers choose to work remotely or in a flexible hybrid model for better work-life balance.
Unequal Distribution of Work Roles: Maternity leave in India can impact workplace morale. If they perceive the workload as being distributed unfairly, non-maternity-leave-eligible personnel may become resentful towards the pregnant woman among them.
Conclusion
Maternity leave in India is crucial for the health and well-being of both mothers and their newborns. It not only allows for essential bonding and recovery after childbirth but also supports gender equality by safeguarding women's employment rights. Ensuring robust policies under the Maternity Benefit Act encourages healthier families, boosts workplace morale, and contributes to a more inclusive, productive society.
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