Maternity Leave

Maternity Leave in India: Rules, Pay and Eligibility Under the New Labour Codes

Maternity leave in India under the Code on Social Security: 26 weeks’ paid leave, eligibility, pay calculation, adoption rules and the 2025–26 court rulings. 

Women employees in India are entitled to 26 weeks of paid maternity leave for their first two children and 12 weeks from the third child onwards. Since 21 November 2025, this right has been governed by Chapter VI of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961.

To qualify, you need to have worked for your employer for at least 80 days in the 12 months before your expected delivery date. This guide covers how long the leave is, who qualifies, how maternity pay is calculated, how to apply, your rights at work, and what changed after two Supreme Court rulings in 2025 and 2026. 

Quick answer: How long is maternity leave in India? 26 weeks (182 days, about six months) of paid leave for the first and second child, of which up to 8 weeks can be taken before delivery. From the third child, 12 weeks. Adoptive and commissioning mothers get 12 weeks from the day the child is handed over.

Maternity Leave at a Glance 

Situation	Paid leave
First or second child	26 weeks (up to 8 weeks before delivery)
Third or later child	12 weeks (up to 6 weeks before delivery)
Legal adoption of a child of any age	12 weeks from the date the child is handed over
Commissioning mother (surrogacy)	12 weeks from the date the child is handed over
Miscarriage or medical termination of pregnancy	6 weeks
Tubectomy operation	2 weeks
Illness arising from pregnancy, delivery, miscarriage or premature birth	Up to 1 additional month

Which Law Governs Maternity Leave in India Now?

Maternity leave is now governed by Chapter VI (Sections 59 to 72) of the Code on Social Security, 2020, which came into force on 21 November 2025 as one of India’s four labour codes. The Code subsumed the Maternity Benefit Act, 1961.  

The Code on Social Security (Central) Rules, 2026, notified on 8 May 2026, set out the forms and procedures; states issue their own rules for establishments in their sphere. 

If you see the “Maternity Benefit Act” referred to elsewhere, most of its core entitlements carried over into the Code. Here is what changed: 

	Maternity Benefit Act, 1961	Code on Social Security, 2020 (now)
Leave for first two children	26 weeks	26 weeks
Leave from third child	12 weeks	12 weeks
Eligibility	80 days in 12 months	80 days in 12 months
Adoptive mothers	Only if the child was under 3 months	Any age, after the Supreme Court struck down the age limit in March 2026
Pay basis	Average daily wage	Average daily wage, using the uniform definition of “wages” in the Code on Wages, 2019
Forms and procedure	Rules under the 1961 Act	Code on Social Security (Central) Rules, 2026 and state rules

How Long Is Maternity Leave in India? 

Maternity leave in India is 26 weeks, which is 182 days or about six months, for a woman with fewer than two surviving children. It is not nine months; any leave beyond 26 weeks depends on your employer’s policy or your service rules.

First and Second Child: 26 Weeks 

You can take up to 8 weeks of the 26 before your expected delivery date and the rest after. You can also choose to start later and take more of the leave after delivery. 

Third and Later Child: 12 Weeks 

A woman with two or more surviving children is entitled to 12 weeks, of which up to 6 can be taken before delivery. The law reduces the leave; it does not take it away. 

On 23 May 2025, in K. Umadevi v. Government of Tamil Nadu, the Supreme Court held that a Tamil Nadu government teacher could not be refused maternity leave for her third child, who was her first from a second marriage.  

The Court described maternity leave as part of a woman’s reproductive rights under Article 21 of the Constitution and read the state’s two-child service rule in harmony with the maternity benefit law. 

Adoptive and Commissioning Mothers: 12 Weeks 

A woman who legally adopts a child, or a commissioning mother in a surrogacy arrangement, is entitled to 12 weeks from the date the child is handed over. 

The Code originally limited this to adoption of a child under three months. On 17 March 2026, in Hamsaanandini Nanduri v. Union of India, the Supreme Court struck down that age limit as unconstitutional, so adoptive mothers now get 12 weeks whatever the child’s age (LiveLaw report). The Court also urged the government to consider a law on paternity leave. 

Miscarriage, Tubectomy and Pregnancy-Related Illness 

• Miscarriage or medical termination of pregnancy: 6 weeks of paid leave from the day after, on producing the prescribed proof. 

• Tubectomy operation: 2 weeks of paid leave. 

• Illness arising from pregnancy, delivery, premature birth, miscarriage or termination: up to one additional month of paid leave, with a medical certificate. 

Who Is Eligible for Maternity Leave? 

You are eligible if you have actually worked for your employer for at least 80 days in the 12 months immediately before your expected delivery date. Days on paid leave, lay-off and authorised absence generally count towards the 80 days. 

Which Workplaces Are Covered? 

The maternity provisions apply to factories, mines and plantations, and to shops and other establishments that employ 10 or more people. This includes private companies and startups that meet the threshold, as well as government establishments. 

Does It Apply to Contract and Fixed-Term Employees? 

Yes, if you are an employee of a covered establishment and meet the 80-day condition. The type of contract does not remove the entitlement, though a fixed-term contract that ends during the leave can affect how long you are paid for. Check how your employer treats this in writing. 

Who Is Not Covered by the Law? 

• Self-employed women, freelancers and consultants who are not employees 

• Women working in shops or establishments with fewer than 10 employees (some state laws or employer policies may still provide leave) 

• Many informal-sector workers, though the Code allows the government to frame schemes for unorganised, gig and platform workers 

What If You Are Covered by ESI? 

If you are insured under the Employees’ State Insurance (ESI) scheme, your maternity benefit is generally paid by ESIC rather than directly by your employer. The leave entitlement is similar, but the claim goes through ESI. Ask HR which applies to you. 

How Is Maternity Pay Calculated? 

Maternity benefits are paid at your average daily wage for each day of the leave. The average daily wage is the average of your daily wages for the days you worked in the three calendar months before your leave starts. 

“Wages” now follow the uniform definition in the Code on Wages, 2019: basic pay, dearness allowance and retaining allowance, with certain components such as HRA, conveyance and overtime excluded. If the excluded components make up more than half of your total pay, the excess is counted as wages. 

Worked example (illustrative): 

Step	Figure
Wages paid in the three calendar months before leave	₹1,35,000
Days actually worked in those three months	78
Average daily wage (₹1,35,000 ÷ 78)	₹1,730.77
Days of leave (26 weeks)	182
Maternity benefit (₹1,730.77 × 182)	₹3,15,000
Medical bonus, if the employer does not provide free pre- and post-natal care	₹3,500

In practice, many employers simply continue your full monthly salary during maternity leave, which usually works out to at least the statutory amount.  

If your employer pays less than the calculation above, ask for the work in writing. 

When Is Maternity Benefit Paid? 

The benefit for the period before delivery can be paid in advance once you produce proof of pregnancy. The balance is due within 48 hours of producing proof of delivery. The medical bonus is paid along with the maternity benefit. 

How to Apply for Maternity Leave 

1. Tell your manager and HR early. There is no fixed legal deadline, but early notice makes handover and payroll easier. 

2. Give written notice in Form XI. State the date from which you will be absent (not earlier than 8 weeks before the expected delivery for the 26-week entitlement) and, if you wish, a nominee for payment. 

3. Attach a medical certificate in Form X from a registered medical practitioner or other authorized person, confirming the pregnancy and expected delivery date. 

4. For adoption or surrogacy, attach the adoption order or handover documents. 

5. Agree your leave dates and handover plan with your manager and get the dates confirmed in writing. 

6. Share proof of delivery after birth so that the remaining benefit can be paid. 

7. Keep copies of everything you submit and every payslip during the leave. 

If you cannot give notice before delivery, you can give it as soon as possible afterwards; the entitlement is not lost for that reason alone. 

Your Rights During and After Maternity Leave 

Protection From Dismissal 

Your employer cannot dismiss or discharge you during maternity leave or give you a notice of dismissal that expires during the leave. It also cannot change your conditions of service to your disadvantage while you are on leave. The one exception is dismissal for gross misconduct, as defined in the rules; even then, you can appeal the decision to deprive you of maternity benefit. 

Lighter Work Before Delivery 

If you ask, your employer must not give you work of an arduous nature, long hours of standing, or work likely to interfere with your pregnancy or the baby’s development during the weeks leading up to your maternity leave. 

Nursing Breaks 

After you return, you are entitled to two nursing breaks a day, in addition to your usual rest of intervals, until your child is 15 months old. The central rules set each break for 15 minutes. 

Crèche Facility 

Establishments with 50 or more employees must provide a crèche, either on their own or shared with other employers within a prescribed distance. You can visit the crèche four times a day, including your rest interval. 

Work From Home After Leave 

If the nature of your work allows it, your employer may let you work from home after the maternity benefit period, on terms you both agree. This is by agreement, not an automatic right. 

Benefits That Continue 

Your employment continues during maternity leave, so your service counts for gratuity and other service-linked entitlements. Company-specific fringe benefits depend on your employer’s policy. 

What to Do If Your Employer Refuses or Pays Less 

1. Ask in writing. Email HR citing your entitlement under Chapter VI of the Code on Social Security, 2020, with your notice, medical certificate and dates. 

2. Use internal channels. Raise a formal employee grievance if the issue isn’t resolved. 

3. Complain to the Inspector-cum-Facilitator. Under the central rules, a woman who has been refused maternity benefit or whose payment has been withheld can complain in writing in Form XIII-A to the Inspector-cum-Facilitator for her area. 

4. Keep records. Payslips for the three months before leave, all correspondence, and proof of the documents you submitted. 

For advice on your specific situation, consult an employment lawyer or a legal aid service. 

Maternity Leave for Government Employees 

Government employees are covered by their own service rules. Central government employees get 180 days of maternity leave under the CCS (Leave) Rules, and can also take child care leave for up to 730 days over their entire service until the child turns 18, paid in full for the first 365 days and at 80% thereafter. State government rules vary by state. 

Employer Checklist: Maternity Benefit Compliance 

Area	What to check
Policy	Updated for the Code on Social Security and the March 2026 ruling: no age limit for adoptive mothers
Third child	12 weeks for women with two or more surviving children; no blanket refusal
Forms and records	Form XI notices, Form X certificates and the registers required by the Central Rules, 2026
Pay	Average daily wage calculated on Code on Wages “wages”; advance before delivery; balance within 48 hours of proof of delivery; ₹3,500 medical bonus where applicable
ESI	Identify ESI-insured employees whose benefit is paid through ESIC
Job protection	No dismissal or adverse change during maternity leave
Return to work	Nursing breaks; crèche for 50+ employees; work-from-home requests considered
Communication	Maternity provisions explained to employees and managers

Generous parental benefits also strengthen your employee value proposition, and many employers go beyond the statutory minimum. 

FAQs 

Know Your Entitlements Before You Need Them 

Maternity leave in India is a statutory right: 26 weeks for the first two children, 12 weeks for later children and for adoptive and commissioning mothers, with protection from dismissal and support when you return.  

If you manage HR, review your policy against the Code on Social Security and the 2025–26 court rulings.  

For related topics, see Taggd’s HR Glossary guides.