This blog explains everything you need to know about the Maternity Benefit Act in India from who the law applies to and eligibility criteria, to maternity leave duration, pay provisions, and key changes introduced in the 2017 amendment.
Maternity benefits are a critical part of building inclusive, supportive, and future-ready workplaces in India.
With more women joining and continuing in the workforce, organizations are being evaluated not only on pay and growth, but also on how they support employees during major life events like pregnancy and childbirth. A lack of maternity support often leads to career drop-offs, reduced participation of women in leadership roles, and higher attrition post-childbirth.
This is where the Maternity Benefit Act, 1961 plays a vital role. The law was introduced to protect the employment and income of women during maternity and to ensure their well-being before and after childbirth.
However, recognizing the evolving nature of work, women’s health needs, and global standards, the Act underwent a landmark amendment in 2017. The amendment significantly expanded maternity benefits, increased paid leave duration, and introduced progressive provisions such as work-from-home options, crèche facilities, and leave for adoptive and commissioning mothers.
For HR leaders, the Act directly impacts retention, gender diversity, and employer brand credibility. For working women, it defines their right to income security, dignity, and care during one of the most critical phases of life.
One of the most common questions around the Maternity Benefit Act is whether it applies to a specific organization or employment type.
The Act applies to all establishments in India that employ 10 or more employees, including:
It is applicable across both the private and public sectors, regardless of industry.
Yes. The Act is not limited to permanent employees alone. Women employed on a contractual, temporary, daily-wage, or probationary basis are also covered, as long as they meet the eligibility criteria specified under the law.
The key factor is not the nature of employment, but whether the woman is employed by an eligible establishment and has completed the required number of working days.
This wide applicability ensures that maternity benefits are not restricted to a privileged few, but extend to a broad segment of working women in India.
While the Act provides strong protections, maternity benefits are subject to certain eligibility conditions.
To be eligible for maternity benefits, a woman must have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery. These days include days actually worked, paid leave, and lay-off days.
Once the eligibility condition is met:
If the eligibility criteria are not met, the employer is not obligated to provide paid maternity leave under the Act.
As per the act, a woman is entitled to 26 weeks of maternity leave for her first two children. For any subsequent children, the entitlement is for 12 weeks of maternity leave.
Women are entitled to two nursing breaks of 15 minutes each, in addition to their regular lunch break, until the child is six months old.
As per the latest amendments to the act under Section 5(5), women are also entitled to work from home if the nature of their work allows for it. This is after the exhaustion of maternity leave
In case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage, or medical termination of pregnancy, a pregnant woman can extend her maternity leave by an additional one month.
The Act also recognizes pregnancy loss and related medical conditions. A woman is entitled to:
These provisions acknowledge that maternity care goes beyond childbirth and includes physical and emotional recovery.
Read: Maternity health insurance
The Maternity Benefit Act of 1961 was introduced to provide for maternity leave and other benefits for working women. At the time, the act provided for 12 weeks of paid maternity leave, with the employer required to pay the woman her full wages during the leave period. The act also provided medical benefits and other protections for pregnant women and new mothers.
In 2017, the act was amended to provide for several significant changes. The most notable change was an increase in the duration of maternity leave from 12 weeks to 26 weeks for women working in establishments with 10 or more employees. This change was made to bring India in line with international standards and to give women more time to recover from childbirth and bond with their babies.
The 2017 amendment also introduced maternity leave of 12 weeks for women who adopt a child below the age of three months, as well as for commissioning mothers who use a surrogate to carry their child. The act also requires employers to provide information and communicate about the maternity benefits available to their employees in writing and electronically.
Another significant change introduced by the 2017 amendment was the requirement for establishments with 50 or more employees to provide crèche facilities for working mothers. The crèche must be located within 500 meters of the workplace and provide facilities such as clean drinking water, a safe and hygienic environment, and at least one attendant for every 10 children.
In summary, the 2017 amendment increased the duration of maternity leave, provided for maternity leave for adoptive and commissioning mothers, required employers to provide information about maternity benefits, and mandated crèche facilities for larger establishments.
Read: How to improve maternity cover for employees?
Review your maternity policies today from statutory leave compliance to health insurance coverage and ensure your organization is truly prepared to support parenthood at work.
You cannot terminate an employee on maternity leave as per maternity break section 12(1) and 13(b) maternity act 1961.
Legally, a woman should have worked with the company for at 80 days minimum in the 12 months preceding the date of her expected delivery.
It’s extremely beneficial for young families due to rising maternity costs and expensive hospitalizations in India.
Maternity insurance is insurance that covers expenses related to maternity like hospitalization, C-section, delivery expenses, newborn expenses etc.
It is a health insurance benefit that covers pregnancy, delivery, and postnatal expenses for the mother and newborn.
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