How much leave
| Situation | Leave |
|---|---|
| First or second child | 26 weeks, of which up to 8 before the expected delivery |
| Third child onwards | 12 weeks, of which up to 6 before the expected delivery |
| Adopting a child under 3 months, or a commissioning mother | 12 weeks from the day the child is handed over |
| Miscarriage or medical termination of pregnancy | 6 weeks from the day after |
| Tubectomy | 2 weeks from the day after the operation |
| Illness arising from pregnancy, delivery or premature birth | Up to one month more, with a medical certificate |
Who is eligible
A woman who has worked for at least 80 days in the 12 months before her expected delivery date. Days she was laid off and paid holidays in that period count towards the 80. Being on probation does not matter.
Pay during the leave
She is paid her average daily wage for each day of actual absence, worked out from the three months before the leave. If the employer does not provide free care before and after the delivery, she also gets a medical bonus of ₹3,500, or more if the government raises it.
ESIC or the employer?
If she is covered by ESIC, ESIC pays the maternity benefit, at her full average wage, and the employer does not. If she is not covered, for example because her wages are above the ESIC limit, the employer pays. ESIC rules.
Other duties of the employer
- No dismissal or discharge during maternity leave, and no change in her conditions of service to her disadvantage.
- A crèche for establishments with 50 or more employees, with four visits a day for the mother.
- Work from home after the leave where the work allows it, on terms agreed with her.
- Telling every woman employee about maternity benefit, in writing and by email, when she joins.
Paternity leave
No law requires paternity leave in the private sector. Many companies give 5 to 15 days by policy; central government employees get 15 days.
How HR Bingo handles it
Add maternity leave as a leave type credited only when HR adds it, and set it as paid or unpaid to match who pays: the company, or ESIC. HR credits the weeks due, and the leave shows in attendance, on the app and in payroll. Leave management.
Sources
- Ministry of Labour and Employment: Code on Social Security, 2020
- Employees' State Insurance Corporation: maternity benefit
Frequently asked questions
How many weeks of maternity leave are there in India?
26 weeks for each of the first two children, and 12 weeks from the third child.
Is maternity leave paid?
Yes, at her average daily wage. ESIC pays if she is covered by ESIC; otherwise the employer pays.
Can an employee on probation take maternity leave?
Yes, if she has worked at least 80 days in the 12 months before the expected delivery.
Can maternity leave be extended?
By up to one month for illness arising from the pregnancy or delivery, with a medical certificate. Beyond that, with other leave or unpaid leave as your policy allows.