Maternity Leave in India 2026: Rules & Benefits

How much maternity leave does a woman get in India, and who pays for it? The short answer: 26 weeks of fully paid leave for the first two children, paid by the employer, for any company with 10 or more staff.

That core entitlement has held steady since 2017. What changed in 2026 is the law behind it and the rights around it. The Code on Social Security, 2020 came into force on November 21, 2025, and a March 17, 2026 Supreme Court ruling widened adoptive-mother rights.

If you employ people in India, or plan to, this guide covers every rule you need: eligibility, pay, benefits, challenges, and the compliance steps that keep you penalty-free. For the full picture on hiring compliantly, see our guide on how an Employer of Record works.

How has maternity leave in India evolved over time?

Maternity leave in India evolved from a basic 12-week entitlement in 1961 to 26 weeks today, now folded into a unified social security framework. The journey runs through three milestones that every HR policy reference should reflect, because pre-2025 templates are now out of date.

• 1961: The Maternity Benefit Act was enacted to protect women's employment during maternity and guarantee paid absence from work to care for a child. It set 12 weeks of paid leave and applied to establishments with 10 or more employees.
• 2017: The Maternity Benefit (Amendment) Act raised paid leave from 12 to 26 weeks for the first two children, kept 12 weeks from the third child onwards, and added adoptive and commissioning mother leave, work-from-home provisions, and mandatory crèche facilities at 50+ employees.
• 2020 to 2025: The Code on Social Security, 2020 consolidated the 1961 Act and its 2017 amendment into Chapter VI, placing maternity protection inside India's broader social security framework. It became effective on November 21, 2025.

Update your policy to cite the 2020 Code, and you can read our guide to labor and employment law in India for how the rest of the framework fits.

What governs maternity leave in India in 2026?

Maternity leave in India is governed by Chapter VI of the Code on Social Security, 2020, effective November 21, 2025. The Code consolidated the Maternity Benefit Act, 1961 and its 2017 amendment, and now sits alongside provisions for provident fund, ESI, and gratuity in one social security framework.

At Wisemonk, we have run global onboarding for 300+ companies, processed over $20M in payroll, and onboarded more than 2,000 employees, so we have watched this transition land in real HR policies.

The core entitlements are 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. 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 match the old 1961 Act: full wages for 26 weeks, a crèche at 50+ employees, and termination protection. The reference point in your HR policy should now be the Code on Social Security, 2020 and the March 17, 2026 Supreme Court ruling, not the 1961 Act alone.

Maternity leave also covers adoptive mothers, commissioning (surrogate) mothers, and women experiencing miscarriage. Miscarriage leave is 6 weeks, while adoptive and commissioning mothers receive 12 weeks.

The Supreme Court struck down the rule limiting this to adoptions of children under three months, extending equal protection to all adoptive mothers. (Source: Supreme Court of India, March 2026)

Point your policy at the 2020 Code and the 2026 ruling, and the rest of your obligations follow cleanly from there.

What are the maternity leave rules in India for 2026?

The maternity leave rules for 2026 are set by Chapter VI of the Code on Social Security, 2020. Here are the six rules every employer hiring in India needs to know, with the practical notes we share with clients.

• Leave duration: 26 weeks of paid leave for the first two children, 12 weeks from the third onwards. Adoptive and commissioning mothers get 12 weeks from the date of handover, regardless of the child's age, per the Supreme Court's March 17, 2026 ruling.
• Full wages paid by the employer: The employer pays 100% of average daily wage for the entire leave. The exception is ESI-covered employees (earning below ₹21,000/month, about $250), where the ESI Corporation pays instead.
• Timing of leave: A woman can take up to 8 weeks before the expected delivery date for the first or second child, and up to 6 weeks before for the third onwards, with the balance after delivery. She can also take all of it post-delivery if she prefers.
• Nursing breaks: After returning from leave, a mother is entitled to two nursing breaks during the working day until the child turns 15 months, in addition to regular rest breaks.
• Work-from-home (optional): Under Section 60(5), employers may allow work-from-home after maternity leave where the work permits and both parties agree. To set this up well, see our remote team management best practices.
• Crèche facilities (50+ employees): Establishments with 50 or more workers must provide a crèche within a prescribed distance, with up to four visits per working day. Where a facility is not feasible, many employers offer a crèche allowance instead.

Treat these as your compliance baseline. Maternity leave is one of several statutory entitlements, so you can reference our guide on employee benefits in India and our explainer on leave of absence for employers to see the rest.

Is maternity leave mandatory 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 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 compliance, not the location of the employer. For the broader rulebook on this, see our guide to Employer of Record compliance.

If you are hiring in India through an Employer of Record, maternity 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.

If you have 10 or more people in India, plan for full maternity compliance from your very first hire.

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

Yes. Eligibility is based on days 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 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 in the contract who carries the statutory liability, the principal employer or the agency.
• 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. Rollout is ongoing.
• Independent contractors (true freelancers): Not covered under Chapter VI. Misclassification risk applies if they function as employees.

The safe rule for mixed workforces: if the worker meets the 80-day threshold and works under your direction, assume coverage applies. To understand where the line sits, read our comparison of contractors versus employees and our guide on employee classification with an EOR.

Who is eligible for maternity leave in India?

To be eligible for maternity leave in India, a woman must have worked at least 80 days in the 12 months before her expected delivery date, at a business with 10 or more employees. Here is the full eligibility picture under the Code on Social Security, 2020.

• 80 days of work: She must have worked at least 80 days in the 12 months leading up to her expected delivery date.
• Establishment size: She must be employed at a business with 10 or more employees.
• Adoption or commissioning: For adoptive or commissioning mothers, leave starts from the date the child is handed over.

Use this table as your quick eligibility check, and note the one major exception below.

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 Chapter VI. They are already entitled through ESI. The Code also lets the appropriate Government exempt certain establishments from some provisions.

So before you apply Chapter VI, check whether the employee is ESI-covered, and for how eligibility rules differ across borders, you can reference our guide to hiring international employees.

What notice and documentation does a maternity leave request need?

A woman must give written notice to her employer claiming maternity benefit and stating the date she intends to be absent, which cannot be earlier than 8 weeks before the expected delivery. The notice should include the expected delivery date and the planned return-to-work date.

To claim maternity benefits, the employee provides:

• Written notice stating the claim, the amount due, and the absence dates.
• A medical certificate from a registered practitioner confirming pregnancy and the expected delivery date.
• A handover document for adoptive or commissioning mothers, in place of the medical certificate.

Notice timing varies by company HR policy. The practical advice we give clients: have the employee notify HR as early as possible so the team can plan cover and train a replacement. For building this into your wider playbook, see our guide on how to develop effective HR strategies.

What benefits are provided under maternity leave in India?

Maternity leave in India provides paid time off, wage protection, job security, a medical bonus, and crèche access, giving women financial stability and protection during pregnancy and after childbirth. Since helping 300+ global companies onboard talent and process more than $20M in payroll across 2,000+ employees, we have seen which of these benefits employers most often miss in their first India policy draft.

1. Paid Maternity Leave (26 / 12 weeks): Up to 26 weeks for the first and second child, 12 weeks from the third onwards, at full pay.

2. Adoption & Commissioning Mothers: 12 weeks of paid leave from the date the child is handed over. After the 2026 Supreme Court ruling, the child's age no longer affects eligibility.

3. Leave for Miscarriage or Medical Termination: Six weeks of paid leave immediately following a miscarriage or medical termination.

4. Wage Protection: Payment at full average daily wage for the period of absence.

5. Job Security and Termination Protection: A woman cannot be dismissed, discharged, or have her wages cut on account of maternity from the moment pregnancy is communicated. She must return to the same or an equivalent role.

6. Nursing Breaks: Two daily nursing breaks after returning to work, until the child turns 15 months.

7. Optional Work-from-Home: Employers may offer work-from-home after leave ends, by mutual agreement.

8. Crèche Facilities (50+ employees): Employers must provide crèche or childcare facilities within a prescribed distance, with multiple daily visits.

9. Medical Bonus (₹3,500, about $42): Under Section 64, payable where the employer does not provide free pre-natal and post-natal care. The central government can revise it.

10. Additional Leave for Pregnancy-Related Illness (up to 1 month): Under Section 65, over and above standard leave, for illness arising from pregnancy, delivery, premature birth, miscarriage, medical termination, or tubectomy.

11. Continuity on Death: If a woman dies during maternity leave, her benefits can pass to a nominated family member.

Build all of these into your policy, not just the headline 26 weeks. For how maternity sits inside a complete rewards package, you can read our guides on employee benefits packages and fringe benefits.

Why does maternity leave matter for employees, employers, and society?

Maternity leave delivers value at three levels, which is worth understanding when you set policy above the statutory floor.

• For employees: physical recovery from childbirth, time to bond with and breastfeed the newborn, income and job security, and lower postpartum stress.
• For employers: higher retention and loyalty, stronger employer brand for attracting women professionals, and more engaged employees on return.
• For society: healthier mothers and children, higher female workforce participation, and broader economic gains. McKinsey Global Institute estimated India could add $770 billion to its GDP by 2025 by closing gender gaps in work. (Source: McKinsey Global Institute)

Seen this way, a generous, well-run policy is a competitive advantage, not just a legal cost.

How are financial aspects handled during maternity leave in India?

During maternity leave, a woman receives full pay at her average daily wage, calculated from the average of her last three months' salary divided by working days. The cost normally sits with the employer, except for ESI-covered staff. Here is how the money works in practice.

Maternity leave salary and wage benefits

Women receive full wages equal to their average daily wage, calculated from the average of the last three months' salary before leave. Basic pay and regular allowances count; bonuses and overtime are excluded.

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 roughly ₹4.2 lakh (about $5,000). Bonuses and overtime are excluded. You can model total employment cost with our employee cost calculator.

For women under the ESI Act, compensation comes from the ESI Corporation, not the employer, provided wages fall below the current ceiling of ₹21,000 per month.

Employer's liability

The cost of maternity benefits generally falls on the employer in the organized sector. This covers salary during leave, mandatory crèche facilities at 50+ employees, and any extra benefits per internal HR policy. For SMEs the burden can feel heavy, but denying benefits invites penalties, fines, or prosecution.

Treat maternity pay as a fixed cost of employing in India, and for keeping payroll clean during leave, see our guides to paying international employees and global payroll services.

Government support

The state shares part of the load through specific schemes. These reduce the gap for lower-income and unorganized-sector women.

• Pradhan Mantri Matru Vandana Yojana (PMMVY): a cash benefit of ₹6,000 in three installments (about $72) for the first live birth, as partial wage and nutritional support.
• ESI Scheme: full wages for 26 weeks for registered women, subject to contributions.
• State Schemes: several states offer cash assistance or subsidized healthcare to women in the unorganized sector.

These supplement, but do not replace, the employer's core obligation.

Tax and compliance considerations

For employees, maternity benefits are treated as salary income and taxed accordingly, though some medical reimbursements may be exempt within limits.

For employers, maternity benefits are a deductible business expense under the Income Tax Act. Employers must keep proper records; delays or denial can bring penalties, litigation, and reputational damage.

Keep clean records and the tax treatment works in your favor rather than against you.

What supplementary benefits are available during maternity leave in India?

Beyond paid leave, women in India keep their standard employee benefits during maternity leave, including housing allowance, medical insurance, and company perks. Having processed over $20M in payroll while onboarding 2,000+ employees for 300+ global companies, our team treats these extras as the detail that separates a compliant policy from a competitive one.

New mothers are entitled to reduced workloads from 10 weeks before the due date. During this window they cannot be required to stand for long hours, do strenuous work, or perform any task that could cause physical harm.

After the 26 weeks, employees can access work-from-home under the Act, depending on the nature of the work and the agreement with the employer. Employees may also extend leave, usually unpaid, unless it is for a medical condition. In that case they are eligible for 30 extra days of paid leave on submitting medical documentation.

Factor these extras into your planning, and for how this compares to other leave structures, you can reference our guides on how to calculate PTO and paternity leave.

What are the real-world challenges with maternity leave in India?

India's maternity framework is strong on paper, but implementation has gaps that global employers should anticipate when setting policy and hiring plans. Five recurring issues come up in practice.

• Awareness gaps: Many women, especially in rural areas and the unorganized sector, do not know their rights, which leads to underuse of benefits.
• Employer cost burden: Because employers fund most maternity pay, some SMEs see it as a cost risk, which can drive subtle bias against hiring women of childbearing age.
• Job insecurity and stigma: Some women return to find they have been sidelined from key projects or passed over for promotion, or face bias in performance reviews.
• Organized versus unorganized divide: Statutory protections concentrate in the organized sector, while most women work in agriculture, domestic work, and gig roles with weaker coverage.
• Enforcement gaps: Enforcement can be inconsistent, and grievance redressal slow, which discourages women from raising complaints.

The practical takeaway: a compliant, well-communicated policy is a hiring and retention advantage. For how to manage these risks systematically, see our guide on EOR risk management and workplace compliance tips for employers.

How do state-level rules affect maternity leave compliance?

Central law sets the floor; state Shops and Establishments Acts add nursing-break rules, working-hour limits, night-shift safeguards, and sometimes enhanced crèche or transport provisions. Global employers must comply with both layers, and the rules depend on the employee's work location, not the employer's headquarters.

The rule for distributed teams: compliance follows where each employee physically works. To build state-correct leave policies fast, use our holiday and leave policy tool.

How should employers handle a maternity leave request?

When an employee 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 a step can trigger penalties, disputes, or inspection risk.

1. Acknowledge the notice within 48 hours. Confirm receipt and her entitlement (26 or 12 weeks) based on surviving children.

2. Verify eligibility and documentation. Confirm 80 days worked in the preceding 12 months. Collect the medical certificate and expected delivery date, or the handover document for adoptive and commissioning mothers.

3. Lock the leave calendar and pay schedule. Agree the pre-delivery and post-delivery split, confirm the average daily wage, and tell finance about the payroll continuation plan.

4. Update payroll and statutory filings. Maternity pay continues at the average daily wage. If ESI-covered, the ESI Corporation pays, but you still process the record. PF contributions continue per standard rules.

5. Confirm the crèche or crèche allowance. If your India headcount is 50 or more, have the facility or allowance ready before she returns.

6. Plan the return-to-work conversation 4 weeks before leave ends. Discuss work-from-home under Section 60(5), phased return, and nursing-break accommodation. Document any flexibility in writing.

7. Maintain statutory records. Keep the maternity register, notice acknowledgment, medical certificate, payment records, and return-to-work confirmation for at least 3 years, available for the Inspector-cum-Facilitator.

Follow these steps and you stay inspection-ready. If you hire through an EOR, the whole workflow is handled for you, and you can see our guides on the employee onboarding process and EOR onboarding best practices.

How does maternity leave in India compare to other countries?

India's 26 weeks of fully paid leave is among the more generous in the world, ahead of the United States, behind the United Kingdom's longer (partly unpaid) entitlement.

For cross-border teams, this gap is exactly why a country-by-country policy matters, and you can read our guides to employment rules in the UK and Australia, plus our overview of global mobility.

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

Under Section 133 of the Code on Social Security, 2020, penalties for failing to provide maternity benefits are far stricter than under the 1961 Act. Fines are higher, repeat-offence imprisonment is longer, and company officers can be personally liable.

• First-offence fine (up to ₹50,000, about $590): Failure to provide maternity benefit is punishable with up to 6 months imprisonment, a fine of up to ₹50,000, or both, under Section 133.
• Repeat-offence penalty (up to ₹3,00,000, about $3,530): A second or subsequent failure carries 2 to 3 years imprisonment and a fine up to ₹3,00,000, sharply up from the 1961 Act's ₹5,000 cap.
• Personal liability of officers: Under Section 135, every person in charge of the business at the time of the offence, including directors and company secretaries, can be held personally liable.
• Termination-related offences: Dismissing, discharging, demoting, or penalizing a woman in contravention of maternity provisions carries the same 6-month imprisonment and ₹50,000 fine.
• Enforcement authority: The Inspector-cum-Facilitator, under Section 14, can enter any establishment, examine records, and take cognizance of complaints. Only the aggrieved woman or the Inspector-cum-Facilitator can approach a competent court under Section 136.

To keep ahead of audits, you can reference our guides on EOR compliance audits and global compliance with an EOR. This information is for general guidance. Consult with legal experts for your specific situation.

What is the road ahead for maternity and parental leave in India?

The direction of travel is toward broader, more inclusive parental benefits. In its March 2026 ruling, the Supreme Court framed maternity leave as a right tied to caregiving and dignity, not just physical recovery, and observed the need for paternity leave within India's social security framework.

Three shifts are likely: wider coverage for gig, platform, and unorganized-sector workers; a move toward shared caregiving and eventual paternity provisions; and stronger enforcement through the Inspector-cum-Facilitator model.

The practical signal: design policies that can absorb broader parental leave rather than the narrow maternity-only framing of older templates. For where this is heading, you can read our take on the future of EOR.

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

Three things need updating this quarter: the governing-law reference, the adoptive-mother clause, and the record-keeping language. Most India HR policies written before November 2025 still cite the 1961 Act as the primary statute.

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. After the March 2026 ruling, 12-week adoption leave applies regardless of the child's age at handover.

3. Add the Section 65 additional-leave clause. Up to one month of paid leave for pregnancy-related illness, miscarriage, medical termination, or tubectomy.

4. Update the medical bonus to ₹3,500. Older templates often cite ₹1,000 or ₹2,500. Section 64 sets the current amount.

5. Refresh the penalty language. Section 133 ceilings are ₹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.

7. Add state-level overlays where applicable. Reference relevant Shops and Establishments Acts in a policy appendix for multi-state teams.

8. Train HR and line managers. A 30-minute refresher 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 review. For the wider context, see our guides on employment contracts and co-employment.

How Wisemonk helps you stay compliant with maternity leave in India

Wisemonk is an India-native EOR. We help you hire, pay, and manage talent in India without the overhead of setting up a local entity, and we handle maternity leave compliance end to end as part of that.

When you hire through Wisemonk, we manage the full maternity workflow on your behalf: eligibility checks, the 26-week salary continuation, ESI and PF handling, crèche and crèche-allowance compliance, statutory record-keeping, and the return-to-work process.

Your HR policy stays current with the Code on Social Security, 2020 and the latest Supreme Court rulings, so you never carry an out-of-date template into a labor inspection. With 300+ global clients, 2,000+ employees managed, and a 4.8/5 rating on G2, we keep your team compliant while you focus on the work.

We take care of the complexity of employing people in India, from employee onboarding and how to choose an Employer of Record to global payroll and the full benefits of an EOR.

We are a leading EOR in India, and we are expanding our services to the US, the UK, and beyond, so you get one reliable partner for your broader global hiring journey.

What our clients say:

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