Maternity Benefits
Creating a supportive work environment for major life events like maternity is a vital responsibility for HR professionals, employers, and leadership teams. In India, maternity leave is not just a gesture of goodwill; it’s a legal obligation backed by the Maternity Benefit Act and one that directly impacts employee retention, morale, and compliance.
Understanding how maternity leave in India works is crucial for every organisation. It helps them not only to comply with the law but also to ensure a positive work culture for female employees during the most important phases of their lives.
What is Maternity Leave?
Maternity leave is the paid time off provided to a woman employee before and after childbirth to ensure her well-being and recovery. It is designed to ensure that she has enough time to recover and care for her newborn without worrying about losing her job or income.
In India, the rules for maternity leave are governed by the Maternity Benefit Act 1961, which has been amended over the years to make it more inclusive and beneficial.
Maternity Leave in India – Key Points for Employers
Here’s what employers need to know when it comes to maternity leave in India:
Duration of Leave
Female employees are entitled to 26 weeks of paid maternity leave for the first two children. For the third child and beyond, the entitlement is 12 weeks.
Eligibility Criteria
To be eligible, the employee must have completed a minimum of 80 working days within the 12 months prior to the expected date of childbirth.
Work From Home
Post the 26-week period, employers may allow remote work on mutual agreement, depending on the nature of the job.
Adoption and Surrogacy
In cases of adoption or surrogacy, mothers are entitled to 12 weeks of maternity leave, provided the adopted child is below 3 months of age.
No Dismissal
Employers cannot dismiss or alter the conditions of employment for a woman during maternity leave.
Planning Ahead as an Employer
From a management perspective, maternity leave should be planned proactively. This includes workforce planning, arranging temporary replacements, redistributing responsibilities, and maintaining workflow.
Ignoring these factors often results in operational disruptions or legal issues. It’s essential to approach maternity benefits as a structured business responsibility, not an afterthought.
How Our Firm Can Help
We work closely with employers, HR teams, and management professionals to design, audit, and implement legally compliant maternity leave policies.
We help you understand every aspect of maternity leave in India, guide you on documentation and eligibility criteria, and help draft custom policies based on your organisation’s needs.