The Maternity Benefit (Amendment) Act, 2017 significantly enhanced protections for working mothers in India.
Paid Leave Entitlement
| Situation | Leave |
|---|---|
| First two children | 26 weeks paid leave |
| Third child onwards | 12 weeks paid leave |
| Adoption (child below 3 months) | 12 weeks paid leave |
| Commissioning mother (surrogacy) | 12 weeks paid leave |
Who Is Covered?
- Establishments with 10 or more employees
- Employee must have worked for at least 80 days in the 12 months preceding the expected delivery date
Additional Benefits
- Work from home option after maternity leave (if nature of work permits) — to be mutually agreed
- Crèche facility mandatory for establishments with 50+ employees; mother entitled to 4 visits per day
- No dismissal during maternity leave — termination during this period is illegal
- Full medical bonus of ₹3,500 if no pre/post-natal care is provided by the employer
Nursing Breaks
After returning to work, a mother is entitled to two nursing breaks per day until the child is 15 months old.
Maternity benefit is paid at the rate of the average daily wage for the period of absence.