Maternity Leave in India: 26 Weeks Paid Leave, Eligibility and Rules under the Code on Social Security
CA Meet Dhrangadhariya 
October 8, 2026
CA Meet Dhrangadhariya October 8, 2026
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Last updated: 08 October 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP
Quick summary
For decades maternity leave was governed by the Maternity Benefit Act, 1961. From 21/11/2025 the Code on Social Security, 2020 came into force and its Chapter VI now carries the maternity benefit provisions. The headline entitlements did not change: 26 weeks of paid leave, job protection, a crèche and the option of working from home.
A woman who has worked for at least 80 days in the 12 months immediately before her expected date of delivery (section 60(2)). Days of lay-off and holidays with wages declared by law count towards the 80 days.
| Situation | Paid leave |
|---|---|
| First or second child | 26 weeks (not more than 8 weeks before the expected delivery) |
| Woman with two or more surviving children | 12 weeks (not more than 6 weeks before the expected delivery) |
| Tubectomy operation | 2 weeks from the day of the operation (section 65(2)) |
| Adoptive mother (child below three months) | 12 weeks from the date the child is handed over |
| Commissioning mother | 12 weeks from the date the child is handed over |
| Miscarriage or medical termination of pregnancy | 6 weeks from the day of the miscarriage or termination |
An employer cannot make a woman work during the six weeks immediately after delivery, miscarriage or termination.
Leave is paid at the average daily wage for the period of actual absence: the average of her wages for the days worked in the three calendar months before she goes on leave, subject to the minimum wage (section 60(1)). Every woman entitled to maternity benefit also gets a medical bonus of Rs 3,500, or the amount the Central Government notifies, if the employer does not provide pre-natal confinement and post-natal care free of charge (section 64).
Under the First Schedule to the Code, Chapter VI applies to every factory, mine and plantation (including those of Government), to every shop or establishment in which ten or more employees are employed, or were employed on any day of the preceding twelve months, and to other shops or establishments notified by the appropriate Government.
26 weeks for the first two children, of which not more than 8 weeks can be taken before the expected delivery. For a third or later child it is 12 weeks.
A woman who has actually worked for at least 80 days in the 12 months immediately before her expected date of delivery.
The average daily wage for the period of absence, which is worked out on the wages of the period before the leave begins.
12 weeks from the date the child is handed over, for a woman who lawfully adopts a child below three months and for a commissioning mother.
Six weeks of paid leave from the day of the miscarriage or medical termination of pregnancy, on proof.
An establishment with 50 or more employees must provide a crèche within the prescribed distance, and the mother may visit it four times a day, including the rest interval.
The maternity benefit chapter applies to establishments with 10 or more employees on any day of the previous 12 months, and to factories, mines and plantations as listed in the Code.
This article is for general informational purposes only and should not be considered professional advice. Please consult a qualified expert for advice tailored to your specific situation. The author and website owner are not liable for any errors or actions based on this content.
CA Meet Dhrangadhariya October 8, 2026
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