Eligibility Criteria for Maternity Leave in India

Motherhood is one of life’s most beautiful journeys—but for many working women in India, it comes with anxiety about career stability, income, and workplace support. That’s why maternity leave laws exist—to ensure women don’t have to choose between their job and a healthy pregnancy.

But not everyone is automatically eligible for maternity leave, and rules vary depending on employment type, company, and contract.

In this article, we break down the eligibility criteria for maternity leave in India, key legal provisions under the Maternity Benefit Act, and how platforms like Legals365 can guide you through your rights, application process, and employer disputes.

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 Legal Framework: The Maternity Benefit Act, 1961 (Amended in 2017)

 What Is the Maternity Benefit Act?

The Maternity Benefit Act, 1961, is the primary law governing maternity leave in India. Its 2017 amendment introduced more progressive provisions including:

• Extended leave duration

• Work-from-home flexibility

• Mandatory crèche facilities for larger organizations

It applies to all women working in:

• Government offices

• Private companies

• Factories

• Shops and establishments with 10 or more employees

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 Eligibility Criteria for Maternity Leave in India

 Who Can Avail Maternity Leave?

To be eligible under the Maternity Benefit Act:

 1. Minimum Employment Duration

The woman must have worked for at least 80 days in the 12 months preceding the expected delivery date.

 Example: If a woman joined an organization 3 months before her delivery date, she may not be eligible unless she completes 80 working days.

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 2. Employment Type

Eligible candidates include:

• Full-time salaried employees

• Temporary or contractual workers (if employer falls under Maternity Benefit Act)

• Women working in establishments with 10 or more employees

Note: Daily wage and part-time workers may or may not qualify, depending on employer coverage and contract type.

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3. Number of Children

The amount of paid leave depends on how many children the woman already has:

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 4. Type of Pregnancy

Maternity leave is also applicable in the following cases:

• Miscarriage or medical termination (6 weeks paid leave)

• Adoption of a child below 3 months (12 weeks for adoptive mother)

• Surrogacy (12 weeks for commissioning mother)

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 Is There Maternity Leave for Private Sector Employees?

Yes. The Maternity Benefit Act covers private companies if:

• They have 10 or more employees

• The woman has completed 80 days of service

It’s illegal for employers to deny eligible women maternity benefits, reduce their salary, or terminate employment due to pregnancy.

If this happens, platforms like Legals365 can provide legal support, send notices, or help file complaints with labor authorities.

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 What About Maternity Leave for Government Employees?

Central and state government employees receive the same benefits, but in many cases:

• The leave may extend up to 180 days

• Fathers are granted paternity leave too (15 days average)

• Crèche facilities are mandatory for offices with 50+ employees

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 Salary and Benefits During Maternity Leave

 What Is Paid?

Eligible women are entitled to full pay during maternity leave, calculated on the basis of the average daily wage for the period of actual absence.

Additional benefits may include:

• Medical bonus (3,500 or more)

• Crèche allowance (if applicable)

• Protection from job termination or demotion

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 Documentation Required to Avail Maternity Leave

To apply for maternity leave, you typically need:

• Maternity leave application letter

• Medical certificate confirming pregnancy

• Expected date of delivery

• Identity and employment proof

• Bank details for benefit deposit (in some cases)

Legals365 offers support in drafting professional leave applications and dealing with HR if complications arise.

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 What If My Employer Denies Maternity Leave?

Unfortunately, many women in India still face:

• Termination during pregnancy

• Denial of leave or payment

• Pressure to resign

• Verbal/written harassment

You can:

1. File a complaint with the Labor Commissioner

2. Approach the Women’s Commission

3. Take legal action under the Maternity Benefit Act

This is where Legals365 steps in with:

• Legal notice drafting

• Representation in court or labor office

• Mediation with employers

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 FAQs About Maternity Leave in India

 Can maternity leave be extended beyond 26 weeks?

Yes, but unpaid unless your employer allows more as per HR policy.

Is paternity leave available in India?

Not mandated under law in the private sector, but some companies offer 7 to 15 days voluntarily.

Can I work from home during or after maternity leave?

Yes, if mutually agreed between employer and employee under the 2017 amendment.

 Are miscarriage or abortion covered under maternity leave?

Yes, for up to 6 weeks of paid leave.

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 How Legals365 Can Help

Legals365 is committed to empowering women through legal awareness and action. If you’re facing maternity leave denial, payment delays, or workplace pressure, their team of experienced advocates can:

• Help draft your leave application

• Send legal notice to non-compliant employers

• Represent you in labor office or court

• Educate you on your full maternity rights

Whether you’re planning a pregnancy or already expecting, Legals365 ensures your career and motherhood are protected.

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Maternity leave is not just a benefit—it’s a fundamental right that ensures the well-being of both mother and child. In India, the law is clear: if you’re eligible, your employer must comply.

The Maternity Benefit Act is designed to support working women—but you must know how to assert your rights. Whether you’re in the private or public sector, don’t hesitate to seek help if your rights are being denied.

And remember, Legals365 is here to support you every step of the way.

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