Maternity Leave Policy in India for Private vs. Government Employees

Pregnancy is a beautiful, life-changing journey. Every working woman I mean you! deserves enough time to rest, recover, and care for her new baby. Thankfully, India’s maternity leave policy in India, gives that power to every working woman, whether you work in the government or the private sector. This blog breaks down the maternity leave rules in India in easy words so you know exactly what’s yours because knowing your rights is a powerful step towards women empowerment.

What is the Maternity Benefit Act in India?

The primary aim of the Maternity Benefit Act is to regulate the employment of women before and after childbirth and to provide them with maternity benefits, ensuring that they do not suffer wage loss due to pregnancy and can take care of their child and health.

Who Is Covered & Eligible?

The maternity leave eligibility in India is:

These rules apply to any woman working in a company (organised sector) with 10 or more employees—this includes government, factories, offices, shops, etc.

To use the leave, you must have worked at least 80 days in the 12 months before your due date in that workplace.

How Much Leave Do You Get As Per the Maternity Leave Policy In India?

• First and second child: Up to 26 weeks of paid leave—about 6 months. You can start up to 8 weeks before your due date and take the rest after delivery.
  
• Third child onwards: Only 12 weeks—typically 6 weeks before and 6 weeks after birth.
  
• Adoptive mothers (child below 3 months) and commissioning mothers (biological mothers acting through surrogacy): 12 weeks from the adoption or delivery day.
  
• Miscarriage or medical termination: 6 weeks’ paid leave immediately after the event.

What Maternity Benefits Does a Woman Get?

• Full Salary: Employers must pay full salary during maternity leave, based on average daily wages/salary from the last 3 months.
  
• No Work After Delivery/Miscarriage: Employers cannot make a woman work during the 6 weeks right after delivery or miscarriage.
  
• Childcare & Job Security:
  • Must provide childcare/crèche facilities. For companies with 50 or more employees, providing daycare facilities becomes a requirement, and 4 visits to daycare will be permitted.
  • Must allow the woman to return to her same job/position after leave.
    
• A Pregnancy-Friendly Workplace Must Include:
  • Clean and hygienic restrooms
  • Comfortable seating and working area
  • Safe drinking water
    
• No Heavy Work Before Delivery:
  • No difficult tasks or long hours in the last 10 weeks before expected delivery.
    
• Additional Leave: Extra leave can be granted if the woman cannot return after maternity leave, based on mutual agreement.
  
• Work from Home Option: An employer should allow a new mother to work remotely from home after 26 weeks. This would apply if the nature of the employment you are allocated allows you to work from home.
• Time to recuperate (Recover): Mothers get time to recuperate (recover) before they get back to work
• Time for breastfeeding: Mothers get a break time for breastfeeding their child

What is Protection & Safety At Work?

• A woman cannot be forced to do hard or unsafe work during pregnancy.
• A woman cannot be dismissed due to pregnancy or for taking leave, as long as she’s met the criteria.
• Suppose, woman passes away before receiving your benefits or your baby. In that case, the payment (maternity benefit or any other amount they are entitled to receive) goes to your nominee or legal heir.

Government vs. Private: Is There Any Difference?

All these rules apply equally to government and private employees. The Maternity Benefit Act covers both with the same benefits. While the core benefits are consistent, there can be variations in leave procedures and pre-delivery leave duration, particularly in how government and private organizations implement these rules.

What Should You Do?

1. Check your eligibility — count your 80 work days.
   
2. Send a written notice to your HR saying when you want to start leave, at least 8 weeks before your due date.
   
3. Save your proof, like a medical certificate or birth letter.
   
4. Ask about extra benefits, such as work-from-home and crèche.
   
5. Know your rights — you cannot be fired or treated badly for using your leave.
   
6. Speak up immediately if someone tries to stop or delay your leave.
   

Dear ladies, the pregnancy leave policy in India is there to protect and support you. You have the legal right to up to 26 weeks’ paid leave, safe working conditions, and time to bond with your baby. Don’t be shy to claim what’s yours—because you and your baby deserve nothing less! If you’re unsure, ask HR or even a lawyer. Better safe, happy, and supported than worried.

Also, new moms, if you wish to start investing for your new baby’s bright future, then you can check out the Lxme app- online investment platform which offers well-researched and expert curated investment portfolios.

Share this blog with new working moms and let them know their rights and benefits!

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Further read:

• Effective Parenting Strategies for Today’s Moms
• 5 Key Questions to Ask Yourself Before Having a Baby
• 5 Essential Things to Teach Your Kids for Money Smarts | Lxme