Maternity Leave in India: Know Your Rights and Company Policies

Pregnancy is a beautiful journey—but if you’re a working woman, it can come with questions about your rights at the workplace. Do you know how much leave you’re entitled to? What if your company has different rules? Let’s break it down simply.


👶 What is Maternity Leave?

Maternity leave is the time a woman can legally take off from work during and after pregnancy. In India, the Maternity Benefit Act, 1961 protects a woman’s job and ensures she gets paid leave during this time.


📜 How Much Leave Are You Entitled To?

As per Indian law:

  • You get 26 weeks of paid leave for your first two children.
  • For the third child and beyond, it’s 12 weeks.
  • If you adopt a child below 3 months, you’re entitled to 12 weeks.
  • Surrogate and commissioning mothers also get 12 weeks.

Important: You must have worked at least 80 days in the last 12 months in your current company to get these benefits.


🏢 What About Company Policies?

Most companies follow the Maternity Benefit Act as a minimum standard. Some companies offer additional benefits, like:

  • Extended unpaid leave
  • Work-from-home options
  • Flexible working hours after returning

You can check your HR policy handbook or talk to your HR department to know what extras your company provides.


💼 Can Your Company Deny Maternity Leave?

No. If you’re eligible, your company cannot deny maternity leave. It’s illegal. If they do, you can file a complaint with the Labour Commissioner or Women’s Commission.


🤱 Is Your Job Safe During Maternity Leave?

Yes! Your employer cannot fire you or change your role just because you are pregnant or on maternity leave. That’s against the law.


💰 Do You Get Paid During Maternity Leave?

Yes. The company must pay your full salary during the leave period if you meet the eligibility criteria.


👩‍💻 Returning to Work After Leave

Many companies offer ‘return-to-work’ programs to help new mothers adjust. Ask your HR about:

  • Part-time roles
  • Flexible shifts
  • Lactation rooms
  • Daycare tie-ups

🙋‍♀️ Quick Tips for Women Employees

  • Inform your manager and HR in writing (preferably by the 7th month).
  • Submit your medical proof if required.
  • Plan handovers and work transitions early.
  • Stay in touch during the leave if you’re comfortable (not mandatory).

📌 Final Thoughts

Pregnancy is a natural part of life, and women shouldn’t have to choose between their job and their family. Indian law protects you, and many companies are also becoming more supportive of working moms.

Knowing your rights helps you plan better, stay confident, and enjoy the journey into motherhood.