Maternity Leave Rules India 2025 — 26 Weeks, WFH, Adoption & Creche Rights
- Full salary paid during maternity leave — employer bears the cost
- Cannot be dismissed or terminated during maternity leave
- WFH option on return — if nature of work permits (50+ employee establishments)
- Creche facility mandatory for 50+ employee establishments
- 2 nursing breaks per day until child is 15 months old
The Maternity Benefit (Amendment) Act, 2017 significantly expanded maternity rights for Indian working women. If you're expecting, or planning to adopt — here's every entitlement you have under the law.
Maternity Leave Duration
| Situation | Leave Duration | Pay |
|---|---|---|
| First or second child (biological) | 26 weeks | Full salary |
| Third child onwards | 12 weeks | Full salary |
| Adoption (child below 3 months) | 12 weeks | Full salary |
| Commissioning mother (surrogacy) | 12 weeks | Full salary |
| Miscarriage / MTP | 6 weeks | Full salary |
| Tubectomy operation | 2 weeks | Full salary |
| Illness arising from pregnancy/delivery | Additional 1 month | Full salary |
Eligibility Conditions
- Must have worked for the employer for at least 80 days in the preceding 12 months
- Establishment must have 10 or more employees
- Both permanent and contract employees are covered
Protection from Dismissal
During maternity leave, the employer cannot discharge, dismiss, or demote the employee. If notice of dismissal was given before maternity, it becomes invalid for the leave period. Dismissal during leave = legal liability for employer.
If you are dismissed or your service is terminated during maternity leave, you are entitled to the maternity benefit for the full period. File a complaint with the Inspector under the Maternity Benefit Act.
Work From Home After Maternity Leave
For establishments with 50 or more employees, after maternity leave the employer must discuss with the employee the possibility of WFH arrangements — if the nature of work allows. This is not an absolute right but a duty for the employer to explore.
Creche Facility
Establishments with 50 or more employees must provide a creche facility within a prescribed distance. Employee is allowed to visit the creche 4 times a day (including rest intervals). If no creche — employee can demand alternative or employer can be penalized.
Nursing Breaks
Every woman employee is entitled to 2 nursing breaks per day until her child is 15 months old. These breaks are in addition to regular rest intervals. Employer cannot deny nursing breaks.
ESIC Maternity Benefit
For ESIC-covered employees (salary ≤ ₹21,000/month), maternity benefit is paid by ESIC (not employer) — 100% of average daily wages for 26 weeks. Employer is not liable separately if ESIC benefit is available. Eligibility: contributed for 70 days in 2 contribution periods before expected delivery.
How to Claim Maternity Benefit
- Inform employer (or HR) in writing about expected delivery date — ideally 8 weeks before
- Submit medical certificate from doctor/midwife
- HR processes leave and ensures salary continuity
- For ESIC employees: submit maternity claim on ESIC portal with medical certificate
Maternity Rights Query? Ask Mulazim AI
Questions about leave, pay, adoption, creche, or employer violation — we'll guide you through your rights.
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