Pregnancy is a deeply personal journey, but when you’re also working, it becomes a workplace conversation too.
For many women, this comes with uncertainty—will I get paid leave? Can I be let go for taking time off? Do I have to return immediately after delivery? These doubts are common, and often made worse by unclear HR policies or reluctant employers.
The truth is that maternity leave is not a company’s favour- it’s a legal right.
In India, maternity leave is governed by the Maternity Benefit Act, 1961, which was significantly amended in 2017 to offer stronger protections.
This law applies to all establishments employing 10 or more people, including private companies, shops, and factories. If you are a woman working in such a company, you are legally entitled to paid maternity leave if you have completed at least 80 days of work in the 12 months before your expected delivery date.
Here’s a simplified overview of how maternity leave works under the law:
| Scenario | Leave Duration |
|---|---|
| For first or second child | 26 weeks (up to 8 weeks before delivery and the rest after birth) |
| For third child onwards | 12 weeks |
| In case of miscarriage or abortion | 6 weeks from the date of loss |
| After tubectomy (sterilisation) | 2 weeks |
| Adoption (child under 3 months) | 12 weeks from the date of adoption |
| Commissioning mother (surrogacy) | 12 weeks from the date child is handed over |
This leave must be fully paid. Your employer is expected to calculate your wages based on the average daily wage of the last three months. If your role allows it, the law also provides for work-from-home flexibility after maternity leave, based on mutual agreement.
Returning to work after maternity leave does not mean losing your position.
The law clearly prohibits any employer from dismissing, demoting, or altering the terms of employment while a woman is on maternity leave. Doing so can attract penalties and even jail time for the employer.
If you are planning maternity leave, you should ideally inform your employer in writing, along with medical proof, about eight weeks before your due date. Attach your expected date of delivery and request confirmation of leave dates in writing.
After delivery, you’ll also need to provide a birth certificate or medical confirmation for your post-delivery leave to be processed.
If your employment contract is unclear or silent on maternity benefits, make sure to read our guide on What Is a Legal Employment Contract and What It Should Contain.
Unfortunately, not every employer follows the law as they should. Some hesitate to provide clear policies, while others subtly discourage women from applying for full leave. If you feel your rights are being violated, this explainer on What to Do If You’re Harassed at Work – Legal Remedies Explained can guide you on how to take a stand.
If your employer refuses to grant maternity leave, cuts your pay during leave, or asks you to resign, it’s not just unfair—it’s illegal. Under Section 12 of the Maternity Benefit Act, 1961, any dismissal or penalty imposed on a woman for being pregnant or taking leave is a punishable offence.
Employers found violating the Act can face fines and imprisonment up to one year.
To claim maternity leave, your first step is to apply in writing and submit a certificate from a registered medical practitioner confirming the pregnancy. Ideally, this should be done eight weeks before your due date.
After delivery, you’ll need to provide a final confirmation for the post-delivery leave period. If your organisation requires internal forms or emails, follow those steps too. Always keep records of all communication.
If your application is denied or delayed without valid reason, you can file a complaint with your local Labour Commissioner. These officials act as the enforcement arm of the Maternity Benefit Act.
You can find their contact details by checking your state’s Labour Department website. If necessary, you can also escalate the matter to the Labour Court or Industrial Tribunal.
For women in the unorganised sector, maternity leave may not be covered under this Act. However, schemes like the Pradhan Mantri Matru Vandana Yojana (PMMVY) offer a one-time benefit of ₹5,000 for the first live birth.
Women working in companies registered under the Employees’ State Insurance Scheme (ESIC) and earning below ₹21,000/month are also entitled to paid maternity benefits under the ESI Act.
The most important thing is to stay informed and assertive. Many women are hesitant to ask for their rights, especially in small companies or male-dominated workplaces. But knowing the law gives you the strength to stand your ground.
If you’re planning to leave your job post-delivery or want to understand your full and final dues, read our blog on How to Resign Legally – Notice Period, Clearance, and Final Pay.
FAQs
1. Can I be fired during maternity leave?
No, termination during maternity leave is prohibited under Section 12 of the Act.
2. Is maternity leave paid in India?
Yes, the leave must be paid based on your last three months’ average salary.
3. Can I extend my maternity leave beyond 26 weeks?
Legally no, unless your employer agrees to grant extended unpaid or sick leave.
4. What if I’m on probation—do I still get maternity leave?
Yes, as long as you’ve worked for at least 80 days in the past 12 months.
5. Do surrogates and adoptive mothers get leave?
Yes, 12 weeks of paid leave is provided for both, under specific conditions.
