Maternity Benefit Act

What is the Maternity Benefit Act?

The Maternity Benefit Act, 1961 is the central law that protects the employment of women during maternity and entitles them to paid maternity leave. It was significantly amended in 2017. As part of India's labour code reforms, its provisions are being consolidated into the Code on Social Security, 2020; employers should check how the code and the related central and state rules apply to them.

Key features, as widely understood after the 2017 amendment:

• Paid maternity leave of up to 26 weeks for women with fewer than two surviving children, and up to 12 weeks from the third child onwards
• Leave for adoptive and commissioning mothers in specified circumstances
• Eligibility conditions, including a minimum number of days worked with the employer before the expected delivery
• Crèche facility for establishments above a specified employee count, with visits allowed for the mother
• Work from home, where the nature of work allows, on terms agreed with the employer
• Protection from dismissal during maternity leave, and medical bonus where no free pre-natal and post-natal care is provided
• Informing women employees of their benefits at the time of joining

Women covered by ESI generally receive maternity benefit through the ESI scheme rather than directly from the employer.

Thresholds, eligibility details and how the provisions apply under the labour codes should always be confirmed with counsel.

Why it matters for employers

Compliance is the baseline. Beyond it, how an organization supports women before, during and after maternity strongly shapes retention and trust. Practical areas to consider:

1. A clear, written maternity policy shared during onboarding
2. Manager guidance on planning cover and handling return-to-work conversations sensitively
3. Health support during pregnancy and after childbirth, such as consultations, nutrition advice and mental wellness support
4. Maternity cover in group health insurance, including whether waiting periods are waived
5. Phased return or flexible arrangements where roles allow

Example

An IT services company reviews its maternity policy after the 2017 amendment and updates leave to 26 weeks, sets up a crèche tie-up near its campus and adds a structured return-to-work plan. It also offers access to doctors and counsellors for women's health topics, so employees have support beyond the statutory leave.

Key takeaways

• The Act provides paid maternity leave and job protection for eligible women employees.
• The 2017 amendment extended leave to up to 26 weeks for the first two children.
• Provisions are being brought under the Code on Social Security, 2020; confirm current rules with counsel.
• Pair compliance with practical support, including women's health programs and mental wellness support.

← Back to the glossary