Maternity Benefits in India — Explained for Working Women

Becoming a mother changes everything. It’s a huge moment in any woman’s life, and honestly, balancing work and motherhood isn’t easy. To help, the Government of India has set up some pretty solid protections for working women through the Maternity Benefit Act, 1961—updated in 2017. Thanks to this law, women don’t have to pick between their health, their baby, or their job. Here’s what you really need to know about maternity benefits in India, without all the legal jargon.

What’s the Maternity Benefit Act All About?

Basically, the Maternity Benefit Act makes sure pregnant women who work in shops, private companies, factories, offices—any place with at least 10 employees—get paid leave and certain rights at work. You can’t be pushed into working late in your pregnancy, and you get financial help after your child is born.

How Much Maternity Leave Do You Get?

If you’re having your first or second child, you get 26 weeks (a little over six months) of paid leave. You can start your leave up to 8 weeks before your due date, and take the rest after your baby arrives. That way, you have time to rest, recover, and get to know your little one.

Had more than two kids? Then you get 12 weeks of paid leave

Adopting a baby under three months old or using surrogacy? You still get 12 weeks of paid leave, starting the day your baby comes home.

Who’s Eligible?

You qualify for these benefits if you’ve worked at your company for at least 80 days in the past year.

Is the Leave Fully Paid?

Yes, absolutely. During your maternity leave, your employer has to pay your full salary—basic pay, allowances, regular bonuses, all of it. This way, you don’t have to stress about money while you focus on your family.

Other Rights You Should Know

Paid leave is just the start. The Maternity Benefit Act says:

• You can’t be fired during the pregnancy period. Your job is safe.
• You won’t be given hazardous work—no long hours, heavy lifting, or risky tasks while you’re expecting.
• After you return to work, you get two paid nursing breaks each day until your child turns 15 months old, so you can feed or check on your baby.

Work-from-Home Options

Since 2017, new moms can also ask to work from home once their maternity leave ends, as long as their job allows it. Lots of companies are on board with this, making it easier to juggle work and childcare.

On-Site Childcare

If your office has 50 or more employees, your employer must provide a crèche—a childcare centre on-site. You’re allowed to visit four times a day, including during your breaks, so you can stay close to your baby throughout the workday.
All in all, India’s maternity benefit laws are here to protect you—your health, your job, and your paycheck. With paid leave, job security, nursing breaks, and on-site childcare, you really can look forward to motherhood without sacrificing your career. Knowing your rights means you can plan this next chapter with confidence.