Maternity Leave Rules in India 2026 — Benefits, Eligibility & Employer Obligations
The Maternity Benefit (Amendment) Act, 2017, significantly enhanced maternity benefits for Indian women employees, increasing paid leave from 12 weeks to 26 weeks. Understanding these provisions is crucial for employers to ensure compliance and for employees to understand their rights.
Key Provisions
Duration of Maternity Leave
Women employees are entitled to 26 weeks of paid maternity leave for the first two children. For the third child onwards, the entitlement is 12 weeks. Adoptive and commissioning mothers are entitled to 12 weeks of leave from the date of receiving the child (if the child is below 3 months of age).
Eligibility
To be eligible, a woman must have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery. This applies to all establishments employing 10 or more persons, including factories, mines, plantations, shops, and commercial establishments.
Pay During Maternity Leave
Maternity benefit is paid at the rate of the average daily wage for the period of actual absence. Average daily wage means the average of the woman’s wages for the 3 months immediately preceding the date of leave. This includes basic wage plus DA but typically excludes bonuses and overtime.
Employer Obligations
Work from Home Option
After the 26-week maternity leave, employers may allow women to work from home if the nature of work permits. This provision recognizes the challenges of returning to office immediately after childbirth.
Creche Facility
Establishments with 50 or more employees must provide a creche facility within a prescribed distance. Women employees are permitted 4 visits to the creche daily, including the interval for rest allowed to them. This is a mandatory compliance requirement, not optional.
No Termination During Maternity
It is illegal to terminate or dismiss a woman employee during maternity leave. Employers also cannot change the terms of employment to her disadvantage during this period. Violations can result in imprisonment up to 3 months and fines up to ₹5,000.
Related Benefits
Miscarriage/Medical Termination
In case of miscarriage or medical termination of pregnancy, the woman is entitled to 6 weeks of paid leave from the date of miscarriage.
Tubectomy
Women undergoing tubectomy operation are entitled to 2 weeks of paid leave immediately following the operation.
Illness Arising from Pregnancy
An additional 1 month of paid leave is available for illness arising out of pregnancy, delivery, premature birth, or miscarriage, in addition to the regular maternity leave.
How INDPayroll Manages Maternity Benefits
INDPayroll tracks maternity leave eligibility, calculates average daily wage for maternity benefit payment, processes salary during leave at the correct rate, and maintains compliance records. The system alerts HR teams when employees approach the 80-day eligibility threshold and generates the required documentation. Start your free trial to automate maternity benefit compliance.
