How many months of paid maternity leave am I entitled to in India?

Question

I am pregnant and want to know exactly how much paid maternity leave I can claim from my employer and whether I can be terminated during this period. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How many months of paid maternity leave am I entitled to in India?" turns on Maternity Benefit Act 1961, Section 5, Maternity Benefit (Amendment) Act 2017 and Maternity Benefit Act 1961, Section 12. The points below set out the position and then what to do about it, in the order it should be done.

Section 5 as amended in 2017 entitles a woman employee with at least 80 days of work in the preceding 12 months to 26 weeks of paid maternity leave for her first two children, with the leave period not extending beyond 8 weeks before the expected delivery date.

For the third child onward, the entitlement reduces to 12 weeks, and a woman who adopts a child below 3 months or has a child through surrogacy is entitled to 12 weeks of leave from the date the child is handed over.

Establishments with 50 or more employees must provide a crèche facility under Section 11A, and the woman is entitled to 4 visits a day to the crèche including rest intervals.

Section 12 makes it unlawful to discharge or dismiss a woman during her maternity leave, or to give notice of dismissal during this period such that it would expire during the leave, and any such termination is void.

Employers with 10 or more employees are covered, and violation of the Act can attract imprisonment up to 1 year and fine, in addition to the employee's right to seek reinstatement and back wages.

In practice, in this order: 1) Give written notice to your employer about your pregnancy and expected delivery date with a medical certificate; 2) Confirm your leave computation matches the 26-week entitlement under the 2017 amendment; 3) If terminated or denied leave, send a legal notice citing Section 12 of the Maternity Benefit Act; 4) File a complaint with the labour inspector or approach the Labour Court for reinstatement if the employer does not comply.

Timing matters here: Maternity Benefit Act 1961, Section 5 works on limitation periods, so a maternity leave claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.