Employment / workplace benefit · All India (establishments with 10+ employees)
Maternity Benefit Act, 1961
Your legal right to paid maternity leave from your employer.
Headline benefit
26 weeks of employer-paid leave
- Administered by
- Ministry of Labour & Employment, Government of India
- Coverage
- All India (establishments with 10+ employees)
- Leave
- 26 weeks (first 2 children)
- Pay
- Full wages
- Paid by
- Your employer
- Official sources onlyFigures cited from government portals
- Verified 9 July 2026Amounts change — confirm on the portal
- Educational guidanceNot legal or financial advice
Last verified 9 July 2026 · Amounts and rules can change — confirm current details on the official portal before applying.
Overview
What is Maternity Benefit Act?
The Maternity Benefit Act, 1961 (amended in 2017) is a legal right, not a cash scheme: it requires your employer to give you paid maternity leave. It applies to factories, mines, plantations, shops and establishments that employ 10 or more people.
Since the 2017 amendment, eligible women get 26 weeks of paid leave for the first two children (up to 8 weeks may be taken before the expected delivery) and 12 weeks for a third child onwards. Adopting mothers (of a child below three months) and commissioning mothers get 12 weeks.
Your employer pays your full wages during the leave. The Act also provides a medical bonus, crèche facilities in larger workplaces, nursing breaks, and — where the work allows — a work-from-home option after the leave.
What you get
Benefits
26 weeks paid leave
26 weeks
For the first two children (12 weeks for a third child onwards).
Full wages during leave
Paid by your employer at your average daily wage.
12 weeks for adoption / surrogacy
For an adopting mother (child under 3 months) and a commissioning mother.
₹3,500 medical bonus
₹3,500
If your employer doesn't provide free pre- and post-natal care.
Crèche facility
Required in establishments with 50+ employees, with up to 4 visits allowed.
Nursing breaks & work-from-home
Nursing breaks, and a work-from-home option by mutual agreement where the role allows.
The money
Financial assistance available
| Paid maternity leave (1st & 2nd child)Full wages, paid by the employer. | 26 weeks |
|---|---|
| Third child onwards | 12 weeks |
| Adopting / commissioning mother | 12 weeks |
| Miscarriage / MTP leave | 6 weeks |
| Medical bonusIf no free pre/post-natal care is provided. | ₹3,500 |
| Leave for tubectomy | 2 weeks |
Who qualifies
Eligibility
Quick self-check
Am I eligible?
Tick the statements that apply to you. This is a self-check to help you understand Maternity Benefit Act — it is not an eligibility decision. The official portal is the final authority.
What to gather
Required documents
Written notice to your employerRequired
Claiming maternity leave, with your expected delivery date.
Proof of pregnancy / expected delivery dateRequired
A medical certificate.
Proof of 80 days' serviceRequired
Usually from your employer's records.
Adoption / medical-bonus certificatesIf applicable
Where applicable.
Step by step
How to apply
Ways to apply
- Directly with your employer / HR — it is a statutory right
Check your eligibility
During pregnancy80 days of work in the past 12 months at a covered (10+ employee) establishment.
Give written notice
Before leaveTell your employer in writing when you'll take leave and your expected delivery date. You may start up to 8 weeks before delivery.
Take your paid leave
26 weeksYour employer must pay your full wages for the leave period.
Claim the extras on return
On returnClaim the ₹3,500 medical bonus if applicable, and discuss crèche, nursing breaks, and work-from-home when you return.
Don't miss these
Important deadlines
Qualifying service
80 days worked in the 12 months before your expected delivery
Notice to employer
Before you start leave (up to 8 weeks pre-delivery)
Take it with you
Download your application checklist
A ready-to-use list of the documents to gather and the steps to follow for Maternity Benefit Act. Save it, print it, or take it to your Anganwadi Centre, hospital, or employer.
Avoid these
Common mistakes to avoid
- Not giving written notice to your employer before starting leave.
- Not meeting the 80-day service requirement — check it before planning your leave.
- Confusing it with ESI — if you're ESI-covered, claim through ESIC instead.
- Not claiming the ₹3,500 medical bonus when your employer provides no free pre/post-natal care.
Answers
Frequently asked questions
Who pays for Maternity Benefit Act leave?
Your employer pays your full wages during the leave. (Under ESI, by contrast, ESIC pays the benefit.)
What is the difference between this and ESI?
ESI covers lower-wage insured women and the benefit is paid by ESIC. The Maternity Benefit Act covers other women and is paid by the employer. You claim under one, not both.
Does it apply to small companies?
It applies to establishments with 10 or more employees — factories, mines, plantations, shops and establishments.
Can my employer dismiss me for taking maternity leave?
No. It is unlawful for an employer to dismiss or disadvantage a woman for taking maternity leave under the Act.
Do I get a crèche?
Establishments with 50 or more employees must provide a crèche, and you're allowed up to four visits a day (including rest intervals).
Go to the source
Official government resources
Free tools
Keep planning with ParentVibes
Related maternity schemes
ESI
ESI Maternity Benefit
Paid maternity leave and free medical care for women covered by ESI.
Headline benefit
26 weeks of paid leave at full wages
Ayushman Bharat
Ayushman Bharat (PM-JAY) Maternity Benefits
₹5 lakh a year family health cover that includes maternity and newborn care.
Headline benefit
₹5 lakh/year family health cover
PMMVY
Pradhan Mantri Matru Vandana Yojana (PMMVY)
A direct cash maternity benefit for your first child and a second girl child.
Headline benefit
Up to ₹11,000 cash benefit
Plan the rest of your pregnancy
This page is an educational summary of a publicly available government scheme, verified against official sources on 9 July 2026. Scheme amounts, eligibility and rules change with government policy — always confirm the current details on the official portal above before you apply. It is not legal, financial, or medical advice. See our editorial policy for how we source and review content.
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