What maternity benefits am I entitled to?
Simple answer
Up to 26 weeks of paid leave (max 8 before delivery) if you have fewer than two surviving children, or 12 weeks if you have two or more. You need 80 days' work in the 12 months before delivery. Your employer cannot dismiss you during this leave.
Real-life examples
Neha works at a Jaipur software firm with 60 staff and is expecting her first child. She can take 26 weeks' paid leave, starting up to 8 weeks before the due date. After returning, she gets two nursing breaks a day and access to a crèche.
Kavita adopts a 2-month-old baby. She is entitled to 12 weeks' maternity benefit from the day the child is handed to her. Had the baby been 5 months old, this adoption benefit would not apply.
What should you do?
- 1Give your employer written notice of the date your leave will start (not earlier than 8 weeks before the due date).
- 2Submit proof of pregnancy. The pre-delivery benefit is paid in advance; the rest within 48 hours of proof of delivery.
- 3Ask for the ₹3,500 medical bonus if your employer does not provide free pre- and post-natal care.
- 4After leave, ask for nursing breaks, crèche access (50+ employees) and, if your work allows, work from home by mutual agreement.
- 5If benefit is denied, complain to the Inspector-cum-Facilitator. Appeal a dismissal to the competent authority within 60 days.
Exceptions & limits
- Once you qualify for maternity benefit under ESIC, it is paid by ESIC instead of your employer.
- The law covers factories, mines, plantations and shops or establishments with 10 or more employees. Government employees follow their own service rules.
- If you are dismissed for gross misconduct, as defined in the rules, the employer can deny the benefit by written order. You can appeal.
Official legal reference
Code on Social Security, 2020 — Section 60
26 weeks' maternity benefit at average daily wage (12 weeks with two or more surviving children); 80 days' work needed; 12 weeks for adoption or commissioning mothers.
Earlier: Maternity Benefit Act, 1961, Section 5Read the official textCode on Social Security, 2020 — Sections 62, 64
Pre-delivery benefit paid in advance, the rest within 48 hours of proof of delivery; ₹3,500 medical bonus (or as notified).
Earlier: Maternity Benefit Act, 1961, Sections 6, 8Read the official textCode on Social Security, 2020 — Sections 66, 67
Two nursing breaks a day until the child is 15 months old; crèche in establishments with 50+ employees, with four visits a day.
Earlier: Maternity Benefit Act, 1961, Sections 11, 11ARead the official textCode on Social Security, 2020 — Section 68
Dismissing a woman during maternity absence, or worsening her service terms, is unlawful; she can appeal within 60 days.
Earlier: Maternity Benefit Act, 1961, Section 12Read the official textCode on Social Security, 2020 — Section 65
Six weeks' paid leave after a miscarriage or medical termination of pregnancy; two weeks after a tubectomy.
Earlier: Maternity Benefit Act, 1961, Section 9Read the official text
Where to get help
SAMADHAN (labour disputes)
File labour disputes like unpaid wages with the labour authorities.
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 21 Nov 2025
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.