Maternity Benefit Act Compliance: 26 Weeks Leave & Your Rights (2026)

By Contract Shield Legal Team • 9 min read • Updated Feb 14, 2026

Expecting? Or hiring women? India has one of the most generous maternity leave policies in the world. The Maternity Benefit (Amendment) Act, 2017 increased paid leave from 12 weeks to 26 weeks.

This applies to every establishment (factory, mine, shop, etc.) employing 10 or more persons.

                    Eligibility: The woman must have worked in the establishment for at least 80 days in the 12 months immediately preceding her expected date of delivery.
                

1. Key Benefits under the Act

26 Weeks Paid Leave: For the first two surviving children. Of this, not more than 8 weeks can precede the date of expected delivery.
12 Weeks Paid Leave: For mothers having more than two surviving children.
Adoption & Commissioning Mothers: 12 weeks of paid leave for adopting a child below 3 months age or for a commissioning mother (surrogacy).
Miscarriage: In case of miscarriage, a woman is entitled to paid leave for 6 weeks immediately following the day of her miscarriage.

2. Work From Home (WFH) Option

The Act encourages WFH after the maternity leave period ends, if the nature of work allows it. This is subject to mutual agreement between the employer and the employee.

3. Crèche Facility (Mandatory for >50 employees)

Every establishment with 50 or more employees must provide a crèche facility within a prescribed distance. The employer must allow four visits a day to the crèche by the woman, which includes rest intervals.

4. Protection Against Dismissal

It is illegal for an employer to discharge or dismiss a woman during her maternity leave or due to such absence. Doing so is a punishable offence with imprisonment.

5. Medical Bonus

If the employer does not provide free pre-natal and post-natal care, they must pay a medical bonus of ₹3,500 (statutory minimum, often higher in practice).

Frequently Asked Questions (FAQ)

Can I be fired during pregnancy?

No. Section 12 of the Maternity Benefit Act expressly prohibits dismissal during absence on maternity leave. However, dismissal for gross misconduct unrelated to pregnancy might still be upheld by courts, but it's rare and risky for employers.

Is this applicable to contract employees?

Yes. The Act does not differentiate between permanent, temporary, or contractual employees as long as they meet the 80-day eligibility criteria.

What if my company has no policy?

The Act overrides company policy. Even if there is no written policy, you are entitled to these statutory benefits by law.

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