When a woman is about to welcome a new life into the world, the last thing she should worry about is her job security or income. That’s where a strong and well-defined maternity leave policy in India steps in. Over the years, India has seen major improvements in policies supporting working mothers, especially in the private sector.
If you're an expecting mother or an employer looking to stay compliant, understanding the maternity leave rules and maternity benefit eligibility is not just helpful — it's essential.
In this article, we break down everything you need to know about maternity leave for private sector employees in India — from the benefits and rules to eligibility, and what employers and employees should both be aware of.
The Legal Foundation: Maternity Benefit Act, 1961
The primary legislation that governs maternity leave policy in India is the Maternity Benefit Act, 1961. This act was amended in 2017 to make it more progressive and inclusive. The purpose of this law is to regulate the employment of women during the period of childbirth and to provide maternity benefits.
Let’s look at some of the most important maternity leave rules laid down under this act.
Maternity Leave Rules Every Private Sector Employee Should Know
Here’s a quick summary of the key maternity leave rules that apply to private sector organisations across India:
1. Duration of Leave
After the 2017 amendment, eligible female employees are entitled to 26 weeks of paid maternity leave for their first two children. This includes:
- Up to 8 weeks of leave before the expected delivery date.
- The remaining 18 weeks after delivery.
For the third child onwards, the entitlement is reduced to 12 weeks (6 weeks pre and 6 weeks post-delivery).
2. Adoptive and Commissioning Mothers
- Adoptive mothers (who adopt a child below the age of 3 months) are entitled to 12 weeks of maternity leave.
- Commissioning mothers (biological mothers who give their child to a surrogate) also receive 12 weeks of leave.
3. Work From Home Option
If the nature of work allows, the employer may permit work from home after the maternity leave period ends. This is subject to mutual agreement and can be a great way to ease the transition back to work.
4. Crèche Facility
For companies with more than 50 employees, providing a crèche facility is mandatory. The mother is allowed four visits a day to the crèche, which includes her rest breaks.
Maternity Benefit Eligibility: Who Can Avail?
To claim these benefits, certain maternity benefit eligibility criteria must be met:
- The employee must have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery.
- This includes both full-time and part-time women employees, as long as they are on the company's payroll.
- Interns and consultants hired through third-party agencies are not eligible unless specified in their contracts.
It’s worth noting that maternity leave is a statutory right for eligible women and cannot be denied.
Responsibilities of Employers
Private sector employers must comply with the maternity leave policy in India, failing which can result in legal action. Some of their key responsibilities include:
- Granting the mandated leave without affecting job continuity.
- Ensuring no discrimination or bias against the woman employee during or after maternity.
- Providing a safe, flexible, and inclusive return-to-work plan.
Violating maternity leave rules can lead to penalties and even imprisonment under the Maternity Benefit Act.
Impact on Salary and Job Security
Many women worry whether taking maternity leave might affect their income or role within the organisation. Thankfully, Indian law protects both.
Salary Protection:
- Women are entitled to receive their full salary during the maternity leave period. This includes basic pay and allowances.
Job Security:
- Terminating or dismissing a woman on maternity leave is illegal unless there’s proof of gross misconduct. Her role and seniority must be maintained.
This policy ensures that women do not have to choose between having a child and keeping their job.
How to Apply for Maternity Leave in the Private Sector
Here’s a simple breakdown for applying for maternity leave:
- Intimation to Employer:
- Inform your HR or reporting manager at least 8 weeks in advance of the expected delivery date.
- Submit medical proof confirming the pregnancy and expected due date.
- Formal Leave Request:
- Fill out the maternity leave form (as per your company’s policy) and attach necessary documents like a doctor’s certificate.
- Approval and HR Processing:
- The HR department will process your leave, ensuring that all statutory rules are followed.
- Work Transition Plan:
- Coordinate with your team or supervisor for smooth handover of responsibilities.
Being proactive and planning your maternity leave helps ensure a smooth experience for both the employee and employer.
Why Understanding Maternity Leave Rules Matters More Today
In a time when more women are part of the workforce, inclusive policies are essential for retaining top talent. Understanding maternity benefit eligibility helps women plan their careers better and builds a positive, supportive workplace culture.
Companies that actively support their employees through life transitions — including maternity — often see higher employee satisfaction and lower attrition rates.
Moreover, today’s working women are not just employees — they’re leaders, entrepreneurs, and change-makers. Empowering them through policies like maternity leave is a win-win for everyone.
What If Your Company Doesn’t Comply?
Unfortunately, not every employer in the private sector follows these rules strictly. If you’re denied your statutory maternity benefits:
- Raise the issue with your HR team first and request clarity.
- Escalate to labor authorities or the appropriate labor court if your grievance isn’t resolved.
- You may also seek legal help and file a complaint under the Maternity Benefit Act.
Standing up for your rights helps pave the way for others and creates a fairer work environment.
Beyond Maternity Leave: Other Supportive Benefits
While the focus here is on maternity leave policy in India, many progressive companies are going a step further:
- Flexible working hours post-maternity.
- Paid paternity leave for fathers.
- Return-to-work programs and skill refreshers.
- Health insurance plans that cover maternity expenses, prenatal care, and childcare.
Employers that offer these added benefits show a strong commitment to work-life balance and employee well-being.
Conclusion
Understanding the maternity leave policy in India is essential not just for expecting mothers, but for HR teams and private sector employers alike. It’s more than just a legal requirement — it’s about creating a workplace where women feel valued and supported during one of the most important phases of their life.
From knowing your maternity benefit eligibility to being aware of the correct maternity leave rules, being informed empowers you to make the right decisions.
As a working woman, you deserve the right to start your family without compromising your career. And if you’re an employer, supporting your employees through maternity isn’t just ethical — it’s smart business.
And while you prepare for this life-changing journey, don’t forget to safeguard your health with a reliable health insurance plan. Brands like Niva Bupa Insurance offer comprehensive maternity coverage and family health plans that can further support you during this period.
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