Maternity Leave in India 2026: Eligibility, Rules & Benefits

Maternity leave in India changed in 2026. The Code on Social Security, 2020 came into force on November 21, 2025, and the Supreme Court's March 17, 2026 ruling in Hamsaanandini Nanduri v. Union of India expanded adoptive-mother rights. If your India HR policy still references only the Maternity Benefit Act, 1961, it is already out of date.

This guide walks US, UK, and global employers through the current rules: who is eligible, what employers must pay, how the new Code changes your obligations, and what to update in your policy this quarter. Having guided 300+ global companies through India hiring, we've condensed what actually matters into one employer-facing reference.

What governs maternity leave in India in 2026?

Maternity leave in India is governed by Chapter VI of the Code on Social Security, 2020, which was made effective November 21, 2025. The Code consolidated the Maternity Benefit Act, 1961 along with its 2017 amendment.

The core entitlements remain unchanged: 26 weeks of paid leave for the first two children, 12 weeks from the third child onwards, and an 80-day work-history requirement. What changed is the governing statute and how maternity protection now sits inside India's broader social security framework.

The Code applies to establishments with 10 or more employees. Self-employed women and businesses with fewer than 10 employees remain excluded.

For global employers hiring into India in 2026, the practical obligations are the same as they were under the 1961 Act: full wages for 26 weeks, crèche at 50+ employees, and termination protection.

The reference point in your HR policy, however, should now be the Code on Social Security, 2020 and the March 17, 2026 Supreme Court ruling on adoptive-mother rights, not the 1961 Act alone.

To qualify for maternity leave, employees must have worked at least 80 days in the 12 months before their expected delivery. Benefits apply to all employees who meet this criterion, including temporary or contractual workers.

The Maternity Benefit Act ensures female employees are paid during maternity leave. Employees receive 100% of their gross salary, based on their average daily wage.

Maternity leave in India also applies to adoptive mothers, commissioning mothers, and women experiencing miscarriage. Miscarriage leave is 6 weeks, while adoptive and commissioning mothers receive 12 weeks of maternity leave. The Supreme Court has struck down the earlier rule that limited this benefit to adoptions of children under 3 months, extending equal protection to all adoptive mothers. (Source: Supreme Court of India, March 2026)

What are the maternity leave rules in India for 2026?

The core rules are set by Chapter VI of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961 when it came into force on November 21, 2025. From our experience helping global companies stay compliant, here are the five rules every employer hiring in India needs to know for 2026.

• Leave duration: Eligible women get 26 weeks of paid maternity leave for their first two children, and 12 weeks for the third child onwards. Adoptive and commissioning (surrogate) mothers get 12 weeks from the date of handover, regardless of the child's age, following the Supreme Court's March 17, 2026 ruling in Hamsaanandini Nanduri v. Union of India.
• Full wages paid by the employer: The employer pays 100% of the employee's average daily wage for the entire leave period. The only exception is ESI-covered employees (earning below ₹21,000/month), where the ESI Corporation pays in the employer's place.
• Termination protection: Dismissal, discharge, or reduction of wages on account of maternity is illegal from the moment pregnancy is communicated to the employer. Violation carries criminal penalties, not just civil fines.
• Work-from-home (optional): Under Section 60(5) of the Code, employers may allow work-from-home after maternity leave where the nature of work permits and both parties agree. Many global employers we work with offer this as a retention lever.
• Crèche facilities (50+ employees): Establishments with 50 or more workers must provide a crèche within a prescribed distance. Mothers are entitled to visit up to four times per working day, including their regular rest breaks.

In addition to maternity leave, there are other employee benefits in India that both employers and employees should be aware of. If you're interested in learning more about these benefits, check out this article on "Employee Benefits in India: Complete Guide" for a detailed overview.

How does maternity leave work for private companies in India?

Yes, private companies are fully bound. There are no exemptions for foreign-owned companies, remote-first startups, or small establishments once they cross the 10-employee threshold. If you employ 10 or more people in India, Chapter VI of the Code on Social Security, 2020 applies in full, regardless of where your company is headquartered or where the work is performed.

This matters specifically for global employers because there is sometimes confusion about whether a foreign entity hiring remote workers in India is subject to Indian labor law. It is. The location of the employee triggers the compliance, not the location of the employer.

What this means for global employers:

If you are hiring in India through an Employer of Record like Wisemonk, maternity benefit obligations, salary continuity, crèche compliance, and return-to-work protections, are managed on your behalf. If you are hiring directly, budget for 26 weeks of full salary as a known, non-negotiable cost from day one.

Do contract, temporary, and gig workers qualify for maternity leave in India?

Yes. Eligibility is based on hours worked, not employment type. Indian courts have consistently held that contract, temporary, and daily-wage workers are entitled to maternity benefits if they meet the 80-day threshold in the 12 months before expected delivery. The Code on Social Security, 2020 also extends coverage to gig and platform workers through scheme-based implementation under Sections 113 and 114.

Here is how eligibility applies across the worker categories most global employers run in India:

• Permanent full-time employees: Fully covered. 26 weeks for first and second child, 12 weeks from the third child onwards.
• Fixed-term employees (FTEs): Fully covered on the same terms as permanent employees.
• Contract workers (via staffing agencies): Covered if the 80-day threshold is met. Confirm who carries the statutory liability (principal employer or agency) in the contract.
• Temporary and daily-wage workers: Covered if the 80-day threshold is met. Courts have ruled that muster-roll and daily-wage status does not disqualify.
• Gig and platform workers: Coverage is evolving. The Code brings them under social security schemes for the first time, funded by aggregator contributions. Scheme-level rollout is ongoing.
• Independent contractors (true freelancers): Not covered under Chapter VI. Misclassification risk applies if they function as employees.

For global employers running mixed workforces, the safest rule is: if the worker meets the 80-day threshold and performs employee-like work under your direction, assume maternity coverage applies.

Who is eligible for maternity leave in India?

With our background in assisting businesses with HR compliance in India, here's who gets maternity leave under the Code on Social Security, 2020.

Who is covered by the Code on Social Security, 2020?

To avail maternity leave under the Code, a pregnant employee must meet the following eligibility criteria:

• 80 days of work: She must have worked for at least 80 days in the 12 months leading up to her expected delivery date.
• Establishment requirements: She must be employed in a business or organization with ten or more employees.
• Adoption or commissioning: For adoptive or commissioning mothers, maternity leave starts from the date the child is handed over to the mother.

Here’s a quick breakdown of eligibility types:

These conditions ensure that women in India who meet the criteria are entitled to maternity leave, safeguarding their rights during pregnancy and after childbirth.

Who is not covered by the Code on Social Security, 2020?

Women covered by the Employees State Insurance (ESI) scheme receive maternity benefits under Chapter IV of the Code (ESI provisions), not under Chapter VI (Maternity Benefit provisions)

This is because they are already entitled to maternity benefits through the ESI scheme, as per the provisions of the ESI Act. The Maternity Benefits Act also gives the appropriate Government the power to exempt certain establishments from some of the provisions of the Act.

Now that we've covered who is eligible and who is not covered under the Maternity Benefits Act, let’s move on to learning about the benefits that female employees are entitled to during maternity leave in India.

What benefits are provided under maternity leave in India?

India maternity leave provides crucial benefits to female employees, ensuring financial security and job protection during pregnancy and after childbirth.

Leveraging our experience assisting companies with HR and compliance in India, let’s explore the important benefits of India maternity leave that employers must know.

1. Paid Maternity Leave (26 / 12 Weeks): Under the Code on Social Security, 2020, eligible women are entitled to fully paid maternity leave. This includes up to 26 weeks of leave for first and second children, and 12 weeks for the third child onwards.
2. Adoption & Commissioning Mothers: Women who adopt a child and commissioning (surrogate) mothers are entitled to 12 weeks of paid leave from the date the child is handed over. Following a 2026 Supreme Court ruling, the child's age at adoption no longer affects eligibility.
3. Leave for Miscarriage or Medical Termination: If a woman experiences a miscarriage or medical termination of pregnancy, she is entitled to six weeks’ paid leave immediately following the event.
4. Wage Protection / Payment Basis: The Code guarantees payment during maternity leave at the woman’s full average daily wage for the period of absence, ensuring financial security during maternity.
5. Optional Work‑from‑Home Arrangements: The law allows employers to offer work‑from‑home arrangements after maternity leave ends, if the nature of the work permits and both parties agree.
6. Crèche Facilities (50+ Employees): Establishments with 50 or more workers must provide crèche/childcare facilities within a prescribed distance, and mothers can visit the facility multiple times during the workday.
7. Medical Bonus (₹3,500): Under Section 64 of the Code on Social Security, 2020, every eligible woman is entitled to a medical bonus of ₹3,500 from her employer where the employer does not provide free pre-natal and post-natal care. The central government can revise this amount by notification.
8. Additional Leave for Pregnancy-Related Illness (Up to 1 Month): Under Section 65 of the Code, a woman is entitled to up to one additional month of paid leave at the maternity benefit rate for illness arising from pregnancy, delivery, premature birth, miscarriage, medical termination, or tubectomy. This is over and above the standard 26-week or 12-week maternity leave.

Now that we've covered the benefits of maternity leave, let's explore how financial aspects are handled during maternity leave duration in India, including financial benefits and wage protection for pregnant employees during this period.

How are financial aspects handled during maternity leave in India?

Financial aspects of maternity leave policy in India are crucial for ensuring women employees receive the necessary support during their time off.

Based on our experience helping businesses with payroll and compliance in India, here’s how financial aspects are managed during maternity leave paid, ensuring full wages for women employees under the maternity leave policy.

1. Maternity Leave Salary and Wage Benefits

Women are entitled to receive full wages during maternity leave, equivalent to their average daily wage. This is calculated based on the average of the last three months' salary before the leave starts, ensuring fairness and consistency. The benefits include basic pay and regular allowances, but exclude bonuses and overtime.

How the calculation works in practice: If an employee earns ₹60,000/month gross (basic ₹30,000 + HRA ₹18,000 + allowances ₹12,000), her average daily wage is ₹60,000 ÷ 26 working days = ₹2,307/day. Over 26 weeks (182 days), total maternity pay is approximately ₹4.2 lakh. Bonuses and overtime are excluded from this calculation.

For women covered under the Employees’ State Insurance (ESI) Act, they receive financial compensation through the ESI Corporation, not directly from their employer, provided their actual daily wages fall below the prescribed ceiling (currently ₹21,000 per month).

2. Employer’s Liability

The responsibility for maternity leave benefits typically lies with the employer, especially in the organized sector. This includes:

• Salary payments during the leave period.
• Provision of mandatory crèche facilities for establishments with 50+ employees.
• Additional leave benefits (like extended medical leave) as per the company’s internal HR policy.

For small and medium enterprises (SMEs), this financial burden can feel significant, leading to reluctance in hiring women of childbearing age.

However, denying maternity benefits or failing to provide easily accessible childcare facilities can result in penalties, fines, or even legal prosecution under the Maternity Benefit Act.

3. Government Support

Pradhan Mantri Matru Vandana Yojana (PMMVY): This program provides eligible female employees with a cash benefit of ₹6,000 in three installments for their first live birth, offering partial wage compensation and nutritional support during and after pregnancy, ensuring the well-being of working women.

ESI Scheme: Women registered under the Employees' State Insurance (ESI) scheme are entitled to maternity benefits, receiving full wages for 26 weeks, subject to the required contributions.

State Schemes: Several states have launched additional welfare programs that offer cash assistance or subsidized healthcare to pregnant women in the unorganised sector, providing other benefits to enhance the well-being of working women.

4. Tax and Compliance Considerations

For pregnant employees, maternity benefits are treated as salary income and taxed accordingly. However, some medical reimbursements may be exempt from tax within specified limits.

For employers, maternity benefits are considered a deductible business expense under the Income Tax Act, helping to reduce overall tax liabilities.

Employers must also ensure compliance with reporting and record-keeping requirements under labor laws. Delays or denial of maternity benefits to pregnant women can result in penalties, litigation, and reputational damage.

We’ve tackled the financial aspects, so let’s now explore other maternity leave rules and standard maternity leave duration in India, including all the additional perks and benefits for women on maternity leave.

What supplementary benefits are available during maternity leave in India?

From our time supporting businesses in India, we’re sharing what extra benefits are available for women during maternity leave.

In addition to paid maternity leave, women employed in India are eligible for standard employee benefits during their leave. These include benefits like housing allowance, medical insurance, support with certain bills, and other company perks.

New mothers are also entitled to reduced workloads starting 10 weeks before their due date. During this time, they cannot be required to stand for long hours, perform strenuous tasks, or engage in any work that could cause physical harm.

After the mandatory 26 weeks of leave, employees can access a work-from-home facility under the Act, depending on the nature of their work and the agreement with their employer.

Additionally, employees may extend their leave, but this is typically unpaid, unless the extension is due to a medical condition. In such cases, employees are eligible for 30 extra days of paid leave, provided they submit the necessary medical documentation to their employer.

Discover why and how you should build a "Global Benefits Strategy For Your Remote Team".

How do state-level rules affect maternity leave compliance?

Central law sets the floor. State-level Shops and Establishments Acts add nursing-break rules, working-hour limits, night-shift safeguards for women employees, and in some cases enhanced crèche or transport provisions. Global employers must comply with both layers, and the right set of rules depends on the employee's work location, not the employer's headquarters.

Here are the key state-level overlays for the five states where most global employers we work with have teams:

The operating rule for global employers running distributed India teams: compliance is determined by where each employee is physically located, not where the company is registered. A remote-first team with employees in three states needs to comply with the central Code plus three different state Shops and Establishments frameworks.

How should employers handle a maternity leave request?

When an employee in your India team notifies HR of pregnancy, the employer is on the clock for a specific compliance workflow under Section 62 of the Code on Social Security, 2020. Missing any step can trigger penalties, disputes, or inspection risk.

Here is the end-to-end workflow we run for our clients, which maps cleanly to what any global employer's India HR function needs to handle.

1. Acknowledge the notice within 48 hours: Under Section 62, an employee can submit notice in writing claiming maternity benefit and the date she intends to be absent. Acknowledge receipt promptly and confirm her leave entitlement (26 weeks or 12 weeks) based on the number of surviving children.
2. Verify eligibility and documentation: Confirm she has worked at least 80 days in the preceding 12 months. Collect the medical certificate from a registered practitioner and the expected delivery date. For adoptive or commissioning mothers, collect the handover document.
3. Lock the leave calendar and pay schedule: Agree the pre-delivery and post-delivery split (up to 8 weeks pre-delivery for first/second child, up to 6 weeks pre-delivery for third child onwards). Confirm the average daily wage calculation and communicate the 26-week payroll continuation plan to finance.
4. Update payroll and statutory filings: Maternity pay continues at the average daily wage. If the employee is ESI-covered (earning below ₹21,000 per month), the ESI Corporation pays in your place, but you still process the payroll record. PF contributions on maternity pay continue per standard rules.
5. Confirm crèche or crèche allowance arrangement: If your India headcount is 50 or more, confirm the crèche facility or crèche allowance is ready before she returns. This applies regardless of whether the employee plans to use it.
6. Plan the return-to-work conversation 4 weeks before leave ends: Discuss work-from-home arrangements under Section 60(5), any phased return, and nursing-break accommodation. Document any agreed flexibility in writing.
7. Maintain statutory records: Keep the maternity register, notice acknowledgment, medical certificate, payment records, and return-to-work confirmation on file for a minimum of 3 years. The Inspector-cum-Facilitator under the Code has the authority to audit these records.

For global employers hiring through an Employer of Record, this entire workflow is handled by the EOR. If you are hiring directly through an Indian entity, your local HR or payroll team owns it.

How does maternity leave in India compare to other countries?

Maternity leave policies differ widely across countries, but a common trend is the focus on supporting working mothers with sufficient leave. Below is a table outlining the maternity leave rules in various countries.

Now that we’ve seen how maternity leave in India compares to other countries, it’s clear that ensuring job security and financial stability for working mothers is a top priority.

Let’s now explore the legal compliance that companies must follow regarding maternity leave policy in India.

What legal compliance must companies follow regarding maternity leave in India?

After working closely with businesses on HR and compliance, we’ve outlined the legal compliance companies need to follow for maternity leave policy in India.

Under Section 133 of the Code on Social Security, 2020, the penalties for employers who fail to provide maternity benefits are significantly stricter than under the 1961 Act. Fines have increased, imprisonment terms for repeat offences have been extended, and company officers can be held personally liable.

• First-offence fine (up to ₹50,000, approximately $590): Failure to provide maternity benefit to an eligible woman is punishable with imprisonment of up to 6 months, a fine of up to ₹50,000, or both, under Section 133 of the Code on Social Security, 2020.
• Repeat-offence penalty (up to ₹3,00,000, approximately $3,530): For a second or subsequent failure to pay maternity benefit, the employer faces imprisonment of 2 to 3 years and a fine of up to ₹3,00,000. This is a sharp escalation from the 1961 Act, which capped repeat-offence fines at ₹5,000.
• Personal liability of officers: Under Section 135, when a company commits an offence, every person in charge of the business at the time of the offence (including directors and company secretaries) can be held personally liable, not just the company entity.
• Termination-related offences: Dismissing, discharging, reducing the rank of, or penalising a woman employee in contravention of maternity provisions carries the same 6-month imprisonment and ₹50,000 fine under Section 133.
• Enforcement authority: The Inspector-cum-Facilitator, created under Section 14 of the Code, has the power to enter any establishment, examine records, and take cognizance of complaints directly. Only the aggrieved woman or the Inspector-cum-Facilitator can approach a competent court under Section 136.

While these penalties are serious, employers can mitigate risks by understanding maternity leave challenges and India’s legal framework.

What must employers update in their HR policy after the 2026 changes?

Three things need policy-level updates this quarter: the governing law reference, the adoptive-mother clause, and the record-keeping language. Most India HR policies written before November 2025 still reference the 1961 Act as the primary statute, which is now out of date. Here is the checklist we run when onboarding new clients or updating existing policies.

1. Update the governing law reference. Replace "Maternity Benefit Act, 1961" with "Chapter VI of the Code on Social Security, 2020" as the primary statute.
2. Remove the three-month age cap on adoption leave. Following the March 2026 Supreme Court ruling, 12-week adoption leave applies regardless of the child's age at handover.
3. Add the Section 65 additional-leave clause. Include up to one month of paid leave for pregnancy-related illness, miscarriage, medical termination, or tubectomy.
4. Update the medical bonus figure to ₹3,500. Older templates often cite ₹1,000 or ₹2,500. Section 64 of the Code sets the current amount.
5. Refresh the penalty language. Current Section 133 ceiling is ₹50,000 for first offences and ₹3,00,000 for repeat offences.
6. Document the three-year record-keeping rule. Maintain the maternity register, notices, medical certificates, and payment records per the Inspector-cum-Facilitator's audit authority.
7. Add state-level overlays where applicable. If you have employees across multiple states, reference the relevant Shops and Establishments Acts in a policy appendix.
8. Train HR and line managers on the updated framework. A 30-minute refresher session closes most of the gap between policy and practice.

Ship items 1 through 5 within 30 days. Items 6 through 8 can follow in your next quarterly HR review.

Better yet, partnering with an Employer of Record (EOR) in India, like Wisemonk, simplifies compliance, allowing you to focus on other key areas of your business. We take care of the complexities of employing workers in India, without the hassle of setting up a local entity.

We ensure your business stays compliant with Indian labor laws, handling everything from employee onboarding to managing international payroll and benefits, including maternity leave. The best part? We help companies do this in a cost-effective and efficient manner.

Check out our guide to hiring, paying, and managing talent in India to see how we can support your growth and simplify your global workforce management. Book a free consultation today!