India Maternity Leave: Complete 2026 Guide (26 Weeks)
India's 26-week maternity entitlement explained in full — eligibility, the third-child reduction, and who actually pays.
India offers one of the longer statutory maternity entitlements in Asia. Under the Maternity Benefit Act, 1961 — significantly strengthened by the 2017 Amendment — eligible women receive up to 26 weeks of fully paid leave. This guide explains the entitlement, eligibility, the reduction for a third child, and who pays, consistent with the India Maternity Leave Calculator.
The headline: 26 weeks paid leave
Under Section 5, a woman is entitled to 26 weeks (about 182 days) of fully paid maternity leave for her first or second child. Up to 8 weeks of this may be taken before the expected delivery date, with the remainder taken afterward.
The reduction for a third child
From the third child onward, the entitlement drops to 12 weeks (84 days) — still fully paid, just shorter. This two-tier design was a deliberate policy choice in the 2017 Amendment, which kept the fuller 26 weeks for the first two children.
Who is eligible?
- You must have actually worked at least 80 days in the 12 months immediately before your expected delivery date (Section 5(2)).
- The Act applies to establishments with 10 or more employees — factories, mines, plantations, shops and other establishments. Smaller establishments fall outside this specific law.
Who pays your maternity benefit?
Your employer pays directly, at your average daily wage, for the duration of the leave. If you are separately covered under India's ESI (Employees' State Insurance) scheme, your cash maternity benefit comes through ESI instead of directly from the employer.
Beyond the leave — other 2017 protections
The 2017 Amendment also introduced a work-from-home option (where the nature of work allows, by mutual agreement) and required establishments with 50 or more employees to provide a crèche facility. It also extended 12 weeks of leave to commissioning and adopting mothers in defined circumstances.
Worked example
| Input | Value |
|---|---|
| Monthly salary (basic + DA) | ₹40,000 |
| Daily wage (approx.) | ₹1,333 |
| First/second child — 182 days | ≈ ₹2,42,667 total paid leave |
| Third child — 84 days | ≈ ₹1,12,000 total paid leave |
See your own figures on the calculator and the same rules in the India maternity-leave guide.
A note on probation in India
Unlike maternity leave, India has no single national law setting a uniform probation-period notice for private-sector employees — it is governed by individual contracts and, where applicable, state Shops & Establishments Acts. That is why Calcnate does not publish an India probation calculator: there is no single verifiable national figure. We explain this honestly in our India notice-period explainer.
For the primary law, see the Maternity Benefit Act, 1961 (IndiaCode), published by the Ministry of Labour & Employment.
What the 2017 Amendment changed
Before the 2017 Amendment, India's paid maternity leave was 12 weeks. The amendment raised it to 26 weeks for the first two children — one of the largest single expansions of a maternity entitlement in the region — while deliberately keeping 12 weeks from the third child onward. It also added the work-from-home option where the role permits, and required establishments with 50 or more employees to provide a crèche and allow the mother crèche visits during the day. These changes make India's entitlement notably strong on paper; the practical value depends on your establishment being covered and you meeting the 80-day service condition.
Protection against dismissal during maternity
The Act does more than grant leave — it protects your job. It is unlawful for an employer to dismiss or discharge a woman because of her maternity leave, or to vary her conditions to her disadvantage during that period. A woman absent on maternity leave in accordance with the Act cannot lawfully be dismissed on that ground. This protection is a core reason the entitlement matters beyond the pay itself.
The ESI route explained
Where you are covered by the Employees' State Insurance (ESI) scheme — generally lower-wage employees in covered establishments — your maternity cash benefit comes through ESI rather than directly from your employer. The ESI maternity benefit is paid based on your contributions and average daily wage. If you are not under ESI, the employer pays your average daily wage directly for the leave. Either way the leave duration is the same; only the payer differs.
Planning your leave and pay
Because up to eight weeks may be taken before the expected delivery date, when you start your leave affects how the 26 weeks split around the birth. The total paid duration does not change, but the timing can matter for medical and childcare planning. Estimate the pay across your leave on the India Maternity Leave Calculator, and see how maternity sits alongside gratuity and leave encashment on the India hub.
Frequently asked questions
How many weeks of maternity leave in India?
26 weeks (about 182 days) of fully paid leave for the first or second child, reducing to 12 weeks (84 days) from the third child onward, under Section 5 of the Maternity Benefit Act, 1961 as amended in 2017.
What is the eligibility for maternity leave in India?
You must have actually worked at least 80 days in the 12 months immediately before your expected delivery date (Section 5(2)), in an establishment with 10 or more employees.
Does maternity leave apply to every employer in India?
It applies to factories, mines, plantations, shops and establishments with 10 or more employees. Establishments below that threshold are outside this specific Act.
Who pays for maternity leave in India — employer or government?
Your employer pays directly at your average daily wage. If you are covered under India's separate ESI scheme, the cash benefit is paid through ESI instead.
Why does maternity leave reduce for a third child?
The 2017 Amendment deliberately set a lower 12-week entitlement from the third child onward, while keeping the fuller 26 weeks for the first two children.