Maternity leave rules in India for employers
Maternity leave in India is 26 weeks of paid leave, set by central law. It applies to every establishment with 10 or more people, in every state. The rules are short and specific: who qualifies, how the weeks split, what adopting and commissioning mothers get, and when a creche becomes mandatory. This page lists them with sources, and covers who pays when the employee is on ESI.
Last updated 12 September 2026.
What are the maternity leave rules?
The rules started as the Maternity Benefit Act, 1961, which applies to every shop or establishment with 10 or more people. They were carried into the Code on Social Security, 2020, in force since 21 November 2025. The numbers, from the government's own factsheets:
- 26 weeks of paid maternity benefit at a maximum, with up to 8 weeks usable before the expected delivery.
- 12 weeks for a woman who already has two or more surviving children.
- Eligibility after 80 days worked in the establishment in the 12 months before the expected delivery.
- 12 weeks for a mother who legally adopts a child below three months, and for a commissioning mother in surrogacy, counted from the day the child is handed over.
- 6 weeks of leave at the maternity benefit rate after a miscarriage or medical termination.
- A medical bonus of ₹3,500 where no free prenatal and postnatal care is provided.
- Two nursing breaks a day, beyond the usual rest breaks, until the child turns 15 months.
- Work from home after the benefit period, on terms the employer and the woman agree.
One caution on the second line: the 12 week figure for a third child comes from the amendment history of the act, and it is not yet confirmed from official sources. The rest of the list is quoted from the labour ministry's compliance handbook and PIB factsheets linked below.
Who pays for maternity leave, the employer or ESIC?
For employees covered by ESI, the maternity benefit comes from ESIC, not from your payroll: 26 weeks at full wage rates, extendable by a month on medical advice, for insured women with 70 days of contribution in the two preceding contribution periods. For employees above the ESI wage ceiling, or in establishments outside ESI, the employer pays the 26 weeks directly.
So the first step in maternity planning is a coverage check, not a policy read. A company that crossed the ESI threshold recently may have some women covered and some not, with the same entitlement funded from two different sources. Confirm coverage early. The mechanics are in the ESI contribution guide.
When is a creche mandatory?
At 50 or more workers, a creche is mandatory, with visits allowed during the day. Two other duties sit alongside it. Women may work night shifts only with their consent, and the employer must arrange for their safety. And employment cannot be ended because of the pregnancy or the maternity absence. If a real performance or restructuring question exists, run that process separately from the maternity timeline, in both timing and paperwork.
On payroll, the 26 weeks are wages, so deductions and payslips continue as normal. Put the whole arrangement in your written leave policy, because the statute says nothing about handovers, contact during leave, or how the return is staged. The HR policy generator includes a maternity module. The other leave types are on the types of leave index.
How should an employer plan a maternity leave?
When the employee informs you, put three dates in writing: the intended start of leave, the expected delivery date from her doctor, and the planned return. Payroll then knows which months carry the benefit, and the team knows the handover timeline. Most stress in these months comes from unclear dates, not from the money.
Plan the cover early. A written handover document, a named interim owner for each responsibility, and an agreed norm on how often anyone contacts her during the leave. The law does not require any of this, but the absence goes better with it.
Plan the return the same way. Work from home after the benefit period is by mutual agreement, so discuss it before the return date, not on it. Nursing breaks continue until the child is 15 months, and at 50 plus workers the creche and visit rights apply. A staged return agreed in writing, some weeks of reduced or remote load, costs little and reduces the chance of a resignation a few months later.
Keep the records plain throughout: leave in the register, benefit paid on the normal payroll dates, every agreement in writing. Courts enforce the protection against dismissal during maternity absence strictly, so the paper trail matters.
Common questions
How many months is maternity leave in India?
26 weeks, which is six months, for the first two children. Up to 8 of those weeks can be taken before the expected delivery. The entitlement is paid in full by the employer, or by ESIC for insured employees.
Who is eligible for maternity leave?
A woman who has worked for the employer for at least 80 days in the 12 months before her expected delivery, in an establishment with ten or more employees. There is no minimum salary and no distinction between permanent and contract staff in the eligibility test.
Does maternity leave apply to adoption and surrogacy?
Yes. A mother who legally adopts a child below three months of age, and a commissioning mother in a surrogacy arrangement, are each entitled to 12 weeks from the date the child is handed over.
Is maternity leave paid by the employer or the government?
By the employer, at the rate based on average daily wages, unless the employee is covered by ESI. For insured women, ESIC pays 26 weeks at full wage rates, subject to 70 days of contribution in the two preceding contribution periods.
Can a company have fewer than 26 weeks in its policy?
No. The 26 weeks is a statutory floor for covered establishments, and a policy cannot go below it. A company can be more generous, extend unpaid time after the paid weeks, or stage the return with work from home by mutual agreement.
Put the maternity rules in your policy and payroll
Offrd's policy generator includes a maternity module, and its payslip templates keep the paid weeks recorded cleanly. 50 free credits on signup, no card.