Maslo Consulting is India's only HR firm with its own proprietary AI product suite. This guide is written by our HR practitioners with 20+ years of field experience across Indian companies. For specific advice on your situation, contact our team.
Leave entitlement and eligibility
The Maternity Benefit Act 1961 (as amended in 2017) entitles eligible women employees to 26 weeks of paid maternity leave for the first two children (reduced to 12 weeks for the third child onward), and 12 weeks for a woman who legally adopts a child below three months of age or for a commissioning mother in surrogacy. Eligibility requires the employee to have worked at least 80 days in the 12 months preceding the expected delivery date. The Act applies to establishments with 10 or more employees.
Creche and work-from-home provisions
Establishments with 50 or more employees are required to provide creche facilities, with the mother permitted four visits to the creche during her working day. The Act also allows for work-from-home arrangements post maternity leave where the nature of work permits it, subject to mutual agreement between employer and employee. A common compliance gap we see is employers correctly granting the leave but failing to formally document or offer these secondary entitlements — creche access and the WFH option — which are equally part of the statutory obligation, not optional extras.
Frequently asked questions
How many weeks of maternity leave is an employee entitled to in India?
Under the Maternity Benefit Amendment Act 2017, female employees are entitled to 26 weeks of paid maternity leave for the first two children. For the third child onwards, the entitlement is 12 weeks. Adoptive mothers and commissioning mothers are entitled to 12 weeks of maternity leave. Miscarriage and medical termination of pregnancy entitles the employee to 6 weeks of paid leave.
Which employers must provide maternity benefits in India?
The Maternity Benefit Act applies to every establishment employing 10 or more people. This includes factories, mines, plantations, shops, offices, and all other commercial establishments. There is no exemption based on industry type. Employers must provide maternity benefits regardless of whether the employee is permanent or contractual.
Are employers required to provide a creche under Indian law?
Yes. Employers with 50 or more employees must provide a creche facility either at the workplace or within a prescribed distance. The 2017 amendment to the Maternity Benefit Act introduced this requirement. The creche must be accessible to the mother for nursing the child up to four times per day.
Can an employer terminate an employee on maternity leave?
No. Terminating an employee on maternity leave or reducing her benefits during maternity leave is prohibited under the Maternity Benefit Act. Any notice of dismissal given during maternity leave is void. Employers who violate this provision face criminal penalties including imprisonment of up to one year.
What is the work from home provision under the Maternity Benefit Act?
The 2017 amendment allows employers to offer work from home options to mothers after the 26-week maternity leave period, if the nature of work allows it. This is a discretionary provision and depends on agreement between the employer and employee. It allows mothers to ease back into work while managing childcare responsibilities.
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