Anita is a software engineer working in Pune Location as a software engineer, she was married and was expecting for child ,she was happy but same time she was nervous with full of question.
Will I get paid leave? Will her job will secure? If she needs more leave then can it be extended?
If you or your colleague friend relative are in similar question then here in this article is all about the Maternity Act.
Maternity is not just a benefit to women employees but it is crucial right that support a mother during on of the most important stage of her life . For meeting this purpose the Maternity act has been introduce. So here we will see the legal aspect of this Maternity Act.
What is Maternity Leave
Maternity leave is a paid leave granted to a woman employee during pregnancy, childbirth, and after delivery. In India, it is governed by the Maternity Benefit Act, 1961.
This Act ensures that women employees:
- Can take time off for childbirth and recovery,
- Receive full salary during the leave period, and
- Are protected from job loss during and after the leave.
Who is Eligible?
A women employee is eligible for maternity leave considering the below two conditions.
1. She has worked for at least 80 days in the past 12 months.
2. She is employed in an organization that has 10 or more employees.
Let me ask you an female employee Joined in MNC 10 month ago and now she is 6 month pregnant, is she eligible for Maternity, so yes she is eligible as she has completed 80 Days .
Duration of Maternity Leave
In 2017 Maternity Act has been amendment according to that below provision has been given.
For example Shruti is pregnant with her second child. She can take maternity leave for 26 weeks. But if this was her third child, the leave would have been limited to 12 weeks.
Adoptive and Surrogate Mothers
This Act also supports non-biological mothers first of all we understand this word Adoptive an surrogate Mother
A surrogate mother is a woman who agrees to carry a baby for another individual or couple who cannot conceive. After the child is born, she hands over the baby to the intended (commissioning) parents.
An adoptive mother is a woman who legally becomes the mother of a child she did not give birth to. The adoption process gives her full parental rights and responsibilities, just like a biological parent.
For Example if Megha adopted a 2-month-old baby. She gets 12 weeks of paid maternity leave starting from the date the baby was legally handed over to her.
Salary and Benefits During Leave
The Maternity leave is fully paid leave a company or organisation
If employee Salary is more than 21000 means she is not under ESIC Slab which is 21000.
Than employer has below obligation.
- The employer pays the full salary during maternity leave.
- It is treated as regular paid leave, not unpaid or half-pay.
- In certain cases, a ₹3,500 medical bonus is also given (if free medical care is not provided).
If employee is under ESIC Act then the leave benefit will be given by ESIN not by employer.
For instance itika works in a factory and earns ₹18,000/month. Since she’s covered under ESIC, her maternity benefit will come from ESIC funds, not directly from her employer.
Additional Benefits
- Nursing Breaks :- After rejoining, mothers are allowed two paid breaks per day for nursing until child is 15 months old.
- Job Protection :-Employers cannot terminate or penalize women employees for taking maternity leave.
- No Compulsory Work :- Pregnant women cannot be assigned tasks that are physically strenuous or potentially harmful.
- Optional Work-from-Home :- Post leave, some companies allow work-from-home arrangements based on mutual agreement.
Maternity Benefit for Miscarriage in India
Section 9 of the Maternity Benefit Act states that A woman who suffers a miscarriage or medical termination of pregnancy (abortion) is entitled to 6 weeks of paid leave immediately following the day of the miscarriage.
For example Pallavi, a school teacher in Jaipur, had a miscarriage during her 3rd month of pregnancy. She submitted her medical certificate and was granted 6 weeks of paid leave to rest and recover, without any impact on her salary or job status.
What if Maternity Leave has been Misused
It’s important to use this leave genuinely for pregnancy and childbirth-related care. Misuse can lead to disciplinary action or termination.
Example:
A woman faked pregnancy to get leave. Her employer investigated and found out. She was asked to repay the salary and lost her job. Always be honest and transparent in your leave request.
Government vs. Private Sector
Process to Apply for Maternity Leave
If you suppose to go for Maternity leave then before that you should follow these steps for smoothing the transition.
- Inform HR in advance (preferably by 4–5 months of pregnancy).
- Submit a maternity certificate from a registered doctor.
- Fill out the leave form (online or offline).
- Mention start and end dates clearly.
- Discuss possible handover and return plan with your manager
For example if any Female worker emailed on inform HR at 4 months, attached her medical report, and proposed her leave plan: 6 weeks before and 20 weeks after delivery. She also trained a colleague for handover.
What an employee and Employer Both Should know
Maternity leave is a legal right, not a favor.
· If an employer denies it, the woman can approach the Labour Commissioner or file a case.
· Any termination due to pregnancy or maternity leave is unlawful.
· Employers found violating the law can face penalties or imprisonment.
Real-Life Story: How Maternity Leave Changed Priya’s Life
Priya, a marketing executive in Delhi, became a mother in 2023. She was scared her pregnancy would affect her promotion and job security.
But her company supported her. She took 8 weeks off before delivery and 18 weeks after. Her team sent her flowers and welcomed her back warmly. Today, she is leading a new campaign while proudly managing motherhood.
This story reminds us that maternity leave isn’t just a policy—it’s about respecting womanhood and family.
FAQs on Maternity Leave in India
FAQs on Maternity Leave in India
Q. Can I take maternity leave during probation?
👉 Yes, if you’ve worked 80+ days in the last 12 months.
Q. Can maternity leave be clubbed with earned leave?
👉 Yes, with employer’s approval.
Q. Can I take leave for miscarriage?
👉 Yes, up to 6 weeks with a medical certificate.
Q. Will maternity leave affect promotion?
👉 No, it’s illegal to penalize anyone for availing maternity leave.
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