Maternity Leave in India 2026: Rules, Importance & Benefits

When Aisha, a marketing executive in Mumbai, discovered she was expecting, her biggest worry was not morning sickness. Rather, she worried about how to balance work and motherhood.

That is where maternity leave steps in as a lifeline for countless working women like her. In India, maternity leave is a legal right ensuring mothers can focus on recovery and bonding without job insecurity.

With up to 26 weeks of paid leave under the Maternity Benefit (Amendment) Act, 2017, India has made significant strides toward supporting women’s health, dignity, and career continuity.

In this blog, let us understand maternity leave in India and how it helps women secure their careers and motherhood. 

Understanding the Maternity Benefit Act in India

Maternity leave in India is governed under the Maternity Benefit Act of 1961. The Act grants maternity benefits and job protection to women who are starting a new chapter in their lives.

However, if you are working in an organisation with fewer than 10 employees, you cannot avail this benefit.

Earlier, the Act granted only 12 weeks (3 months) of maternity leave. However, acknowledging women's struggle during pregnancy, the Maternity Benefit (Amendment) Act of 2017 increased leaves to 26 weeks or 6.5 months.

What is Maternity Leave in India?

Maternity leave in India is now a constitutional right and is governed by the Maternity Benefit Act of 1961. These are paid leaves that working women in India can take to ensure their health and care for their newborn child. The Act is valid for both organised and non-organised sectors of India.

Here is a detailed table for the duration of the leaves you can get:

What are the Rules Under the Maternity Leave Policy in India?

1. Legal Compliance: If any employer refuses to offer maternity benefits or fires her, then the employer may face a fine of ₹2,000 to ₹5,000. They may also face jail for up to 3 months or both.

2. Creche Facilities: Employers who have 50 or more employees should provide creche facilities within a reasonable distance from the office. Plus, employers should also allow at least 4 visits/day, including rest time.

3. Work From Home: Employers must allow women to work from home (if the work can be done from home) during their pregnancy for added comfort and safety. It can continue after the leave ends based on a mutual decision.

4. Full Salary: Pregnant women are entitled to get their full salary during maternity leave. This should be calculated 3 months before the maternity leave request.

5. Workplace Amenities: Employers must ensure that they provide safe working amenities for pregnant employees, such as clean and hygienic bathrooms, safe drinking water and comfortable seating arrangements.

What are the Eligibility Criteria to get Maternity Leave in India?

Women may apply for maternity leave after completing 80 days of work in the 12 months preceding their due date.

Let us understand this with an example.

Pooja, a software engineer in Bangalore, has been working with an IT company for the last 2 years. Recently, she found out that she is 2 months pregnant and is due on January 17. Since she joined her company more than a year ago, she is eligible to apply for maternity leave 8 weeks before her due date.

What Benefits Does Maternity Leave in India Provide?

Higher Retention and Loyalty

For employers, providing maternity leave means female employees return to their positions successfully. This means employers do not have to spend on recruiting another person and can retain their talents. In fact, a study noted a 70% reduction in turnover rate in companies that offer paid maternity leave.

Physical and Mental Well-Being

Pregnancy and childbirth take a toll on women's physical and mental health. Mothers undergo physical, mental, biological and societal changes during and after pregnancy. Postpartum Depression (PPD) is a common phenomenon, with a 22% prevalence in India. Maternity leave helps new mothers cope with such a stressful time and care for their baby.

Economic Growth

When companies support women by offering benefits like maternity leave, it leads to improved productivity. 32.8% of India’s workforce is women. Although it is not at par with the global average of 47%, maternity benefits are one of the motivators for women to step out into jobs.

Job and Income Security

Maternity leave is a powerful tool to guarantee income security to women during pregnancy. It helps women be independent and does not force them to choose between financial stability and family. Thus, women can focus on their well-being and recovery instead of being stressed, which ultimately harms their health.

Better Company Reputation

Companies which offer family-friendly benefits, such as maternity benefits, have a better reputation than others. This is because employees view these companies as a place where they can stay long-term and build a career and family.

Importance of Maternity Leave in India

1. Less Economic Dependence: When women depend on their husbands or other family members for their financial needs, the chance of subordination increases.

2. Fight Stereotypes: In India, women are often viewed as the weaker gender. To curb these stereotypes, maternity benefits play a crucial role.

3. Promote Women’s Safety: In India, maternity leave plays a crucial role for women who work in the hard labour industry and guarantees their safety during pregnancy.

What are the Challenges of Maternity Leave in India?

Although several provisions and laws guarantee maternity benefits to women in India, the reality is different. Women within the pregnancy age range often face discrimination in the workplace.

This can be termed as ‘pregnancy penalty’ and is a very real phenomenon faced by women in the country every day. It manifests as inappropriate interview questions about marital status and maternity plans.

Plus, it also affects career progressions as women have reportedly been denied promotions and pay raises after pregnancy.

Ultimately, the Maternity Benefit Act, 1961, faces legal challenges as India lacks the infrastructure to implement and enforce it. With limited public knowledge about the rights of women in the workplace, many employers take advantage of this unawareness.

The Future of Maternity Leave Policy in India

Address Stigma Around Pregnancy

As employers, having a clear return-to-work plan helps women rejoin their jobs efficiently. Overcoming the motherhood penalty is a significant hurdle that employers must overcome. In this regard, addressing the stigma with your teams and explaining how the workload will be distributed in your pregnant employees’ absence will help.

Adjust Your Workplace Environment

Ensuring the safety and comfort of your pregnant employees must be one of your top priorities. According to the reports, 70% to 80% of pregnant women experience morning sickness, which can last all day. Therefore, to accommodate them, introduce work-from-home policies and ergonomic environments.

Transparency in Maternity Rights

When a new employee joins your workforce, employers must inform them about the maternity policies. However, this is often not the case; Human Resource managers frequently do not inform female employees about maternity benefits and leave. Employers should start by creating awareness about the policies to encourage more women into their workforce. 

Why Do You Need Maternity Health Insurance in India?

Maternity health insurance is a policy that financially assists families with the costs associated with childbirth. In India, an average caesarean delivery costs between ₹67,000 and ₹82,000 (approximately). Such high costs can quickly drain savings and paid maternity benefits. Therefore, investing in maternity health insurance is a wise choice for expectant mothers.

Here is why you should buy maternity health plans from Bajaj General Insurance:

1. Pre-Natal Care: Bajaj’s HERizon Care Plan helps women navigate the various challenges of motherhood. Get coverage for utero surgeries or treatment for your unborn baby.

2. Surrogate Care: For all surrogate mothers aged 25-35, this plan will cover the expenses for any complications arising from post-partum or surrogacy pregnancy. It also covers inpatient hospitalisation costs.

3. Oocyte Donor Costs: This plan covers the expenses incurred during oocyte retrieval and inpatient hospitalisation.

4. Assisted Reproductive Treatment Coverage: HERizon offers coverage for intrauterine insemination (IUI), in vitro fertilisation (IVF), and other related treatments.

5. Shorter Waiting Period: The HERizon Plan has a 24-month waiting period for maternity coverage.

Mothers not only deserve physical safety, but also financial safety during pregnancy. That is why Bajaj General Insurance offers women aged 18-80 years the HERizon Care. It helps you navigate the complex and exciting world of motherhood with confidence.

The Bottom Line

Maternity does not have to be a challenging career-wise and financially. By understanding maternity leave in India, women can work towards a better work-life balance while taking on leadership roles in their workplace. Not only that, when you invest in maternity health insurance, you safeguard your health and your child's health, helping you recover and enjoy motherhood.

With Bajaj General Health Insurance, you can get affordable women's care within just a few clicks. Download the 'Caringly Yours' app and take charge of your and your child's health today.

FAQs

Can we extend maternity leave in India?

Yes, you can extend your maternity leave in India with certain conditions. You can only ask for an extension if you face complications such as miscarriages and premature birth. However, your employer and you should mutually agree upon the duration of the extension.

Is buying maternity insurance worth it?

Buying maternity health insurance from a reputable insurer is a smart decision. Not only does it give you peace of mind, but it also offers financial protection during pregnancy and childbirth. Plus, you can get various benefits, such as prenatal checkups, postnatal care, and hospital stays.

Who introduced maternity leave in India?

Maternity leave comes under the Maternity Benefit Act in India. Before India gained independence, N.M. Joshi, Dr Babasaheb Ambedkar, and M.K. Dixit drafted the law, which the Government of India later adopted after independence.

When to take maternity leave in India?

You are eligible to take maternity leave 8 weeks before your delivery date. That means, if your expected delivery is in September, you can take the leave in July.

What is the new rule for maternity leave in India?

According to the Maternity Benefit (Amendment) Act, 2017, you are now eligible to take 26 weeks of paid leave. Recently, in 2025, K Umadevi, Tamil Nadu Supreme Court, declared that maternity leave is every woman’s constitutional right under Article 21.

Do I get full pay during maternity leave?

Expectant mothers will get their average daily wage during their maternity leave. However, many employers provide a full salary, including benefits such as special allowance, HRA, etc, that are part of the CTC.

Where to get the best maternity health insurance in India?

Bajaj General Insurance is one of India’s most reputable and trusted companies for maternity health insurance. You can enjoy extensive benefits such as comprehensive pregnancy coverage, cashless hospitalisation, no-claim bonus benefits, and medical tests and medication coverage.