⚖️ Your rights at work · India
Maternity & paternity leave rights in India
You are entitled to 26 weeks' paid maternity leave for your first two children, and your employer cannot dismiss you for taking it. This guide answers the specific “can my employer…” questions — probation, miscarriage, adoption, paternity and refusals — straight from the Maternity Benefit Act.
- Based on the Maternity Benefit Act
- Official legal sources
- Honest on what's NOT mandated
- Reviewed July 2026
At a glance
Your headline entitlements
Paid maternity leave
26 weeks
For the first two children (12 weeks from the third child onwards). Up to 8 weeks may be taken before the expected delivery date.
Maternity Benefit Act, 1961 (amended 2017), s.5.
Eligibility
80 days
You must have worked at least 80 days in the 12 months before your expected delivery date. This applies regardless of whether you are permanent, temporary or on probation.
Maternity Benefit Act, 1961, s.5(2).
Medical bonus
₹3,500
Payable if your employer does not provide free pre-natal and post-natal care.
Maternity Benefit Act, 1961, s.8 (as notified).
Applies to establishments with
10+ employees
Factories, mines, plantations, shops and establishments employing 10 or more people. Crèche facility is required at 50 or more employees.
Maternity Benefit Act, 1961 (amended 2017), s.2 & s.11A.
Your rights, answered
“Can my employer…”
Can my employer terminate me during maternity leave?
No. It is unlawful for an employer to dismiss or discharge a woman because of, or during, her maternity-related absence, or to vary her service conditions to her disadvantage. A dismissal during pregnancy cannot deprive her of maternity benefit or medical bonus — except in cases of prescribed gross misconduct, communicated in writing.
Maternity Benefit Act, 1961, s.12
Am I entitled to maternity leave while on probation?
Yes, if you meet the eligibility test — at least 80 days of work in the 12 months before your expected delivery. The Act's eligibility is based on days worked, not on whether you are confirmed, permanent or a probationer. Confirm your exact days worked with your employer/HR.
Maternity Benefit Act, 1961, s.5(2)
What leave am I entitled to after a miscarriage or MTP?
Six weeks of paid leave (at the maternity-benefit wage rate) immediately following the day of a miscarriage or medical termination of pregnancy, on production of the prescribed proof. Leave for illness arising out of pregnancy, delivery or miscarriage may be granted for up to one additional month.
Maternity Benefit Act, 1961, s.9 & s.10
Is there maternity leave for adopting or commissioning (surrogacy) mothers?
Yes. A woman who legally adopts a child below three months of age, and a commissioning mother (whose egg is used to create an embryo implanted in another woman), are entitled to 12 weeks of maternity benefit from the date the child is handed over.
Maternity Benefit Act, 1961 (amended 2017), s.5(4)
Is paternity leave mandatory in India?
There is NO statutory paternity leave for private-sector employees in India — it depends entirely on your employer's policy. Central Government employees are entitled to 15 days of paternity leave under the CCS (Leave) Rules, and many PSUs and banks offer 15 days under their service rules. Check your own company's HR policy.
CCS (Leave) Rules, 1972 (central govt); no private-sector statute
What can I do if my employer refuses my maternity benefit?
The Maternity Benefit Act is enforced by government-appointed Inspectors. You can make a written complaint to the Inspector or your State Labour Department. An employer who fails to pay the maternity benefit, or dismisses a woman to avoid it, can face imprisonment and/or a fine under the Act. Keep written records of your leave request and any refusal.
Maternity Benefit Act, 1961, s.14 (Inspectors) & s.21 (penalties)
Answers
Frequently asked questions
How many weeks of maternity leave am I entitled to in India?
26 weeks of paid maternity leave for your first two children, and 12 weeks from the third child onwards, under the Maternity Benefit Act, 1961 (amended 2017). Up to 8 weeks can be taken before your expected delivery date. You must have worked at least 80 days in the 12 months before delivery.
Can I be fired for taking maternity leave?
No. Section 12 of the Maternity Benefit Act makes it unlawful to dismiss or discharge a woman during or because of her maternity-related absence, or to worsen her service conditions. Dismissal during pregnancy cannot strip her of maternity benefit or medical bonus, except for prescribed gross misconduct communicated in writing.
Do private companies have to give paternity leave?
No — there is no law requiring private-sector employers in India to give paternity leave. It is purely at the employer's discretion. Central Government employees get 15 days under the CCS (Leave) Rules, and many PSUs/banks offer similar. Check your company's HR policy.
Is maternity leave available on probation?
Yes, provided you meet the 80-days-worked eligibility. The Act's eligibility depends on days worked in the 12 months before delivery, not on your confirmation or probation status.
What leave do I get after a miscarriage?
Six weeks of paid leave immediately following a miscarriage or medical termination of pregnancy, on production of the prescribed proof, under Section 9 of the Maternity Benefit Act.
Sources
Official legal sources
- The Maternity Benefit Act, 1961 (full text), India Code / Ministry of Labour & Employment
- Maternity Benefit (Amendment) Act, 2017 — clarifications, Ministry of Labour & Employment
- Central Civil Services (Leave) Rules, 1972 — DoPT (paternity leave for central govt employees)
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Educational information — not legal advice
This guide explains the Maternity Benefit Act, 1961 (as amended 2017) and related service rules as they apply in India, reviewed against official sources on 19 July 2026. Laws change and how they apply depends on your establishment, contract and state. It is not legal advice — for your specific situation, confirm with your employer/HR, the Labour Department, or a qualified lawyer. See our editorial policy for how we source and review content.