How much paid maternity leave you're entitled to in India, and what it's worth — per the Maternity Benefit Act, 1961 (as amended by the 2017 Amendment), Section 5.
Figures in INR. Salary = basic + dearness allowance (DA).
| Service | Entitlement |
|---|---|
| 1st or 2nd child | 26 weeks (182 days) fully paid |
| 3rd child or later | 12 weeks (84 days) fully paid |
| Pre-delivery cap | Up to 8 weeks may be taken before the expected delivery date |
| Eligibility | At least 80 days actually worked in the 12 months before the expected delivery date |
| Applies to | Establishments with 10 or more employees |
| Who pays | Employer (or ESI, if you're covered under that scheme) |
Salary basis = basic salary + dearness allowance. A part-time work-from-home arrangement may also be mutually agreed after the leave, depending on your role (Sec. 5(5)). Source: Maternity Benefit Act, 1961, as amended by the Maternity Benefit (Amendment) Act, 2017 (Sec. 5).
26 weeks (about 182 days) of fully paid leave for your 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.
You must have actually worked at least 80 days in the 12 months immediately before your expected delivery date (Section 5(2)).
It applies to factories, mines, plantations, shops and establishments with 10 or more employees. Smaller establishments fall outside the Act's coverage.
By the employer directly, under the Maternity Benefit Act. If you're covered under India's separate ESI (Employees' State Insurance) scheme, your cash maternity benefit is instead paid through ESI.
The 2017 Amendment to the Act deliberately set a lower 12-week entitlement from the third child onward, while keeping the fuller 26 weeks for the first two.