Maternity Leave and Benefits
Women employees are entitled to 26 weeks of paid maternity leave.
🗣️ What this means for you
If you are a woman employee who has worked for at least 80 days in the 12 months before your expected delivery, you are entitled to 26 weeks of paid maternity leave for the first two children (12 weeks for the third child onwards). Your employer cannot terminate you during maternity leave. You are also entitled to medical bonus, nursing breaks, and work-from-home options.
Step-by-Step Action Plan
Inform your employer in writing about your pregnancy and expected delivery date at least 8 weeks before.
Submit a medical certificate confirming pregnancy from a registered medical practitioner.
Apply for maternity leave in writing to your HR department.
If your employer denies maternity leave, file a complaint with the Inspector appointed under the Maternity Benefit Act.
You can also file a complaint with the Labour Commissioner of your district.
If terminated during maternity leave, file a case in the Labour Court for reinstatement.
⚖️ The Relevant Law
Maternity Benefit Act, 1961 (amended 2017) (1961)
Section 5
"Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, for a maximum period of twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery."
⚠️ Punishment / Penalty
Imprisonment up to 1 year or fine up to ₹5,000 or both for denying maternity benefits. Dismissal during maternity leave attracts additional penalties.
Required Documents
- 📄Medical certificate of pregnancy
- 📄Employment/appointment letter
- 📄Salary slips for the last 12 months
- 📄Written application for maternity leave
- 📄Proof of 80 days of work in the preceding 12 months
- 📄ID proof (Aadhaar)