Maternity Leave in India (2026): 26 Weeks Pay, Job Protection, Crèche Rights & What Your Employer Cannot Do
If you are a working woman in India expecting a child, the law gives you 26 weeks of fully paid leave, complete job security, nursing breaks, and crèche access — regardless of whether you work in IT, manufacturing, retail, or a call centre. Many women do not claim all of this because they do not know the rules. This guide lays out every right you have under India’s maternity law in plain language, with no legalese.
The Law Behind Your Leave
India’s maternity protections were first established under the Maternity Benefit Act, 1961, significantly strengthened by amendments in 2017, and then consolidated into Chapter VI of the Code on Social Security, 2020, which came into full force on 21 November 2025.
The 2017 amendments are the ones that matter most for most women today: they extended paid leave from 12 weeks to 26 weeks, introduced crèche mandates for larger employers, and created leave rights for adoptive and commissioning (surrogacy) mothers for the first time.
One more recent development: on 17 March 2026, the Supreme Court of India, in Hamsaanandini Nanduri v. Union of India, expanded maternity leave rights for adoptive mothers, clarifying that the law must be read in a manner that reflects the constitutional right to dignity and equality. If you are an adoptive mother and were previously told you don’t qualify for the same protections, that position is now legally weaker.
How Much Paid Leave Do You Get?
The duration depends on how many children you have.
First and Second Child: 26 Weeks
For your first and second biological child, you are entitled to 26 weeks of paid maternity leave. You can start up to 8 weeks before your expected delivery date — this means 8 weeks of pre-natal leave and roughly 18 weeks after delivery as the minimum split, though you can take less before delivery if you prefer to work longer.
Third Child Onwards: 12 Weeks
From your third child, the entitlement drops to 12 weeks. The reasoning in the law is that longer leave is most critical in the early years of family formation. Twelve weeks is still three months of full pay — not nothing.
Adoptive and Commissioning (Surrogacy) Mothers: 12 Weeks
Women who adopt a child under the age of 3 months are entitled to 12 weeks of maternity leave from the date the child is handed over. The same 12 weeks applies to commissioning mothers — women who become mothers through a surrogacy arrangement. The Supreme Court’s March 2026 ruling has further strengthened these rights, and the direction of the courts is clear: restrictive interpretations by employers will not hold up.
Are You Eligible?
The eligibility test has two elements:
1. Employer size: The law applies to any establishment employing 10 or more persons. This covers most factories, shops, offices, BPOs, hospitals, schools, and organised sector workplaces. If your employer has fewer than 10 employees, the statutory protections technically do not apply — though many larger group companies apply the policy uniformly anyway.
2. Work duration: You must have worked with the same employer for at least 80 days in the 12 months immediately before your expected delivery date. This 80-day rule is the most misunderstood part of the law. Eighty days is not 80 working days in a single stretch — it is the total count of days worked (including days on which wages were earned) in the 12-month window. Part-time, contract, and temporary workers count, as long as the employment is with the same legal entity.
If you joined a company 3 months ago and worked all your days, you likely clear the 80-day mark. If you have been absent a lot or have very recently joined, check your attendance records carefully.
Is Your Full Salary Paid During Leave?
Yes. The law entitles you to your average daily wage for every day of maternity leave. “Average daily wage” is calculated based on your earnings over the preceding three months. This includes your basic salary plus any fixed allowances that are part of your regular pay.
Your employer pays this directly. There is no government fund to claim from (unlike some countries). If your employer tries to pay you less — say, only basic salary, or nothing — they are in breach of the law.
A few things continue to accrue during your maternity leave as if you were at work: – Provident Fund (PF) contributions — both yours and your employer’s continue – Gratuity accrual — the maternity leave period counts toward your service tenure – Annual leave entitlement — you continue earning earned leave
Your Job Is Protected — What Your Employer Cannot Do
This is the section women most need to read carefully.
Under Section 12 of the Code on Social Security, 2020 (previously Section 12 of the Maternity Benefit Act, 1961), dismissing or discharging a woman on account of her pregnancy or maternity leave is a criminal offence. It is not just a civil dispute — it carries penalties including imprisonment of up to 1 year and a fine of ₹2,000 to ₹5,000 for the employer.
Specifically, your employer cannot: – Terminate your employment while you are on maternity leave – Reduce your wages or change your pay structure because of your pregnancy – Demote you or change your role as a punitive response to your leave – Pressure you to resign or accept a ‘mutual separation’ agreement during or just before your maternity leave
After your leave ends, you must be reinstated to the same position or an equivalent one at the same level and pay. You cannot be sidelined into a lower-responsibility role disguised as a “restructuring.”
One practical note: these protections apply from the moment you inform your employer about your pregnancy. The moment that communication happens — verbally or in writing — the law’s protection kicks in. Document it. Send a brief email confirming the conversation if your employer was told verbally. This creates a record.
Crèche Rights: What Employers Must Provide
Employers with 50 or more employees are required to provide a crèche — a day-care or childcare facility — for employees’ children. You are entitled to four visits per day to the crèche during work hours, not counting your lunch break.
The law allows employers to meet this obligation through a shared crèche or by tying up with an external facility — they do not have to build one inside the office. Many large companies use this provision to partner with crèche networks near their campuses.
In practice, enforcement has been patchy. If your employer has 50+ employees and no crèche arrangement, they are in non-compliance. Raise it with HR in writing first. If nothing happens, it can be reported to the Inspector under the Code on Social Security.
Other Benefits You May Not Know About
Nursing breaks: Once you return to work, you are entitled to nursing breaks in addition to your regular rest breaks. These are paid. The number and duration depend on your shift length, but the right exists in law.
Work-from-home option: The Code includes a provision allowing employers to offer work-from-home arrangements to new mothers based on the nature of the work and mutual agreement. This is not a guaranteed right — it depends on your role — but it is explicitly contemplated in the law, which gives you a strong basis to request it formally.
Medical bonus: Under the National Food Security Act, 2013, pregnant and breastfeeding women registered under the scheme are entitled to a maternity benefit of ₹6,000. This is a government-paid benefit, not employer-funded.
How to Claim Your Maternity Benefits (Step by Step)
- Notify your employer in writing as soon as you are comfortable doing so. Include your expected delivery date and the dates you plan to start your leave. This starts the legal clock.
- Submit a formal maternity leave application to HR. Most employers have a standard form; if not, a dated written request works.
- Keep copies of your notification, application, and any HR acknowledgements.
- Confirm leave pay arrangements with HR or payroll before your leave starts. Your salary should continue on normal pay dates.
- On return, confirm your role and reporting structure in writing with HR before resuming. This closes any ambiguity about your position.
If your employer denies or delays your maternity benefits, the first step is a formal written complaint to your HR or management. If that does not work, you can file a complaint with the Regional Labour Commissioner or the relevant Inspector under the Code on Social Security, 2020 in your state.
Frequently Asked Questions
Q: Does maternity leave apply to women in the private sector? Yes. The law applies to any establishment with 10 or more employees, whether private or government. MNCs, startups, manufacturing units, and retail chains are all covered.
Q: Can my employer ask me to work during my maternity leave? No. Asking or pressuring a woman to work during statutory maternity leave is prohibited. If your employer insists — including remote work requests — that period must not count against your leave.
Q: What if I have a miscarriage or a stillbirth? You are entitled to 6 weeks of paid leave following a miscarriage or a medical termination of pregnancy, regardless of how long you have worked for the employer.
Q: Do contract employees get maternity leave? If you are on a fixed-term contract with the same employer and have worked 80 days in the preceding 12 months, you are eligible. The law does not distinguish between permanent and contract employment for this purpose.
Q: Can my employer replace me during my maternity leave? An employer may hire a temporary replacement but must reinstate you to the same or equivalent role at the end of your leave. Hiring a permanent replacement to avoid reinstating you is unlawful.
Q: What happens to my PF contributions during maternity leave? Both your own and your employer’s PF contributions continue throughout your paid maternity leave, as if you were actively at work.
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Written by Anthony | Reviewed by the ePeople India editorial team
Sources: Code on Social Security, 2020 (Chapter VI); Maternity Benefit (Amendment) Act, 2017; Hamsaanandini Nanduri v. Union of India (Supreme Court, March 2026); india-briefing.com; planningtank.com; onsurity.com
