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Maternity Law in India: What Every Employer Must Know in 2025

Maternity law in India

Introduction

Is your company truly compliant with maternity laws—or just assuming it is?

A Pune-based IT firm made headlines in 2024—not for innovation, but for firing an employee after she informed HR about her pregnancy. Despite the Maternity Benefit (Amendment) Act, 2017, guaranteeing women 26 weeks of paid maternity leave, the company denied her this right.

A legal complaint followed. The court ruled against the company, leading to policy updates. Sadly, this isn’t rare. It reflects a trend seen in many companies.

Maternity benefit is not just a leave. It’s a fundamental right that ensures a woman isn’t forced to pick between her job and motherhood. For employers, recognizing this right goes beyond legal obligation—it’s about building a workplace culture rooted in care, dignity, and equal opportunity for every employee.

Non-compliance with the Maternity Benefit Act can bring legal trouble and negative publicity. To build an inclusive workplace, employers must understand the law and support their teams through life’s big transitions.

In this blog, we’ll explain:

  • What is maternity law in India, and what does it cover
  • Eligibility for maternity leave in India
  • Maternity leave duration in India
  • Key points of maternity leave law in India
  • A case study of non-compliance with the Maternity Benefit Act

What is Maternity Law in India and What Does It Cover?

Maternity law in India is designed to safeguard the health and employment rights of women through pregnancy and after childbirth. The Maternity Law in India (amended in 2017), ensures paid leave and job protection so women can focus on their well-being and care for their newborns without worrying about their careers.

Benefits Provided by Maternity Law in India

Here’s a quick look at what the maternity law in India offers to support women during and after pregnancy:
  1. Paid maternity leave: Ensures mothers get paid time off to recover and bond with their newborns without financial worry.
  2. Job protection: Guarantees that women can return to their same or an equivalent position after leave.
  3. Medical bonus: Provides additional financial support when maternity medical facilities are not available at work.
  4. Nursing breaks: Allows nursing mothers to take breaks during work hours to breastfeed or express milk.
  5. Crèche facility: Requires companies with 50 or more employees to provide childcare facilities, helping working mothers balance work and care.
  6. Work-from-home flexibility: Offers the option to work remotely during or after pregnancy, subject to mutual agreement.
This law applies to all companies with at least 10 employees, covering a wide range of sectors, including private enterprises, government offices, and establishments such as factories and plantations.
Maternity law in India
Is your workplace policy aligned with the latest maternity law in India?

Eligibility for Maternity Leave in India

Are you wondering who qualifies for maternity leave in India? Whether you’re an expecting employee or part of an HR team, understanding the eligibility criteria is essential—not just to follow the maternity law in India, but to create a fair and supportive workplace.

Eligibility Criteria:

  • The employee must have worked for the employer for a minimum of 80 days in the 12 months preceding her expected delivery.
  • Applies to permanent, temporary, and contract workers.
  • Also includes adoptive mothers (child under 3 months) and commissioning mothers (through surrogacy).
  • The establishment must have at least 10 employees.
These inclusions ensure that all types of workers, across company sizes, are given access to maternity benefits.

Maternity Leave Duration in India

India offers one of the most generous paid maternity leave policies globally. According to the 2017 amendment, the maternity leave duration in India now provides ample time for new mothers to rest, recover, and care for their newborns without financial stress. All thanks to maternity law in India.

How Long Is Maternity Leave in India?

Here’s the breakdown:
  • 26 weeks paid leave for the first and second child (8 weeks pre-delivery, 18 weeks post-delivery)
  • 12 weeks for the third child onwards
  • 12 weeks of paid leave for mothers who adopt a baby under 3 months old or have a child through surrogacy
  • 6 weeks for miscarriage or medical termination of pregnancy
  • 2 weeks for tubal ligation (sterilization procedure)

This maternity leave duration in India ensures that new mothers have the time they need to rest and bond with their child.

Now that we’ve covered how long the leave lasts, let’s explore what else the maternity leave law in India requires from employers.

Key Points Of Maternity Leave Law In India Every Employer Must Know

To stay compliant and support your employees better, update your HR policies to match the key points of the Maternity Act in India. Based on the Maternity Benefit (Amendment) Act, 2017, here’s what every employer should know:
  1. Full wage guarantee: Employees are entitled to their average daily wages during the leave period.
  2. No termination: Termination during maternity leave is prohibited under Section 12.
  3. Right to rejoin: Women must be allowed to return to the same or an equivalent position.
  4. Mandatory crèche facility: Companies with 50 or more employees should provide this facility.
  5. Nursing breaks: Up to four breaks during the workday for nursing mothers.
  6. Remote work option: Work-from-home flexibility should be considered when possible.
  7. Information dissemination: Maternity policies must be communicated at hiring.
These mandates make maternity leave law in India a comprehensive framework to protect working mothers.
Maternity law in India

Why Compliance Is Non-Negotiable

Failing to comply with the maternity leave law in India not only opens the door to legal trouble but also weakens employee morale and trust. Even one misstep can cost your business its reputation and loyal talent.

So, what happens if you ignore the rules? Here’s what non-compliance can lead to:

  • Hefty penalties and legal repercussions
  • Compulsory policy updates and corrective measures
  • Negative media attention and reputational harm
A proactive approach ensures that your workplace fosters inclusion while remaining legally sound. Partnering with experts like Vishaal Consultancy Services helps safeguard your HR practices and align them with current laws.
Avoid penalties and policy gaps by staying aligned with maternity law in India.

Case Study: Non-Compliance of Maternity Benefit Act

Remember the case study we discussed in the beginning? Let us deeply understand what actually happened and what the outcome was.

Incident:

An employee disclosed her pregnancy and was terminated shortly after. She had completed more than a year at the organization and qualified under the Maternity Benefit Act.

Violations:

  • Refusal to grant the mandated 26-week paid leave
  • Violation of Section 12 by terminating a pregnant employee
  • Lack of prior communication regarding maternity rights

Outcome:

The company faced penalties and was required to revise its maternity policies and compensate the affected employee.
Avoiding such pitfalls is not optional. That’s why it’s so important for employers to pause and think whether their current HR policies are truly serving their people. If not, it might be time to bring in expert support who genuinely understands the law and cares about helping you do the right thing.
Maternity law in India

How Vishaal Consultancy Services Can Help You Stay Compliant

Compliance isn’t a one-time task—it needs clear planning and regular effort across your whole organization. And you don’t have to do it all on your own. We’re here to help you.

Here’s how Vishaal Consultancy Services can help:

  1. HR policy development: Crafting detailed, compliant policies tailored to your business
  2. Training and awareness: Educating employees and HR teams on rights and responsibilities
  3. Legal audits and checklists: Proactively identifying and correcting compliance gaps
  4. HR tech implementation: Automating leave records, policy access, and updates
  5. End-to-end support: From legal advice to full-scale HR outsourcing.
Whether you’re a startup or an established brand, Vishaal Consultancy Services ensures every layer of your HR process supports compliance, efficiency, and employee well-being.

Conclusion

As more women become part of the workforce, knowing and applying the Maternity law in India is not just a legal step—it’s essential for building a supportive workplace.

Not sure if your policies are up to date? That’s where Vishaal Consultancy Services comes in. As experienced labor law consultants in Bangalore, we help businesses stay on top of changing regulations—from maternity leave laws to full-scale labor law advisory and HR support.

Whether you’re building policies from scratch or refining what you already have, we’ll help you stay compliant, efficient, and people-first. Let’s make HR one less thing to worry about—reach out to Vishaal Consultancy Services today.

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