Mother’s Day 2025, Maternity laws in India: As we celebrate the boundless strength and love of mothers this Mother’s Day, it’s worth pausing to examine not just the emotional and cultural reverence we offer them—but also the structural support they receive. Motherhood, after all, isn’t just a personal journey; it’s a societal responsibility. Maternity laws in India form the backbone of this support system, seeking to ensure that working women don’t have to choose between their careers and having a child. But how well do we, as a society, truly understand these rights? From paid leave entitlements and crèche facilities to job security and evolving workplace norms, maternity laws benefits in India have undergone significant changes over the years. Yet, awareness remains patchy, and enforcement uneven. In this article, we unpack the key provisions, eligibility criteria, and current realities of maternity laws in India—because every mother deserves more than just flowers and gratitude, not just on Mother’s Day 2025, but every day.
Mother’s Day 2025: Understanding Maternity laws in India
Maternity Benefit Act of 1961
The Maternity Benefit Act of 1961 was passed as a groundbreaking move in order to protect women’s rights during pregnancy and in early stages of motherhood. This Act implemented several major points – 12 weeks of paid maternity leave so that new mothers can recover from childbirth and provide care for their newborns in the early stages. The act also established that maternity leave for a working woman should be a right, not just a privilege. This made sure that no woman could have her maternity leave denied by an organisation.
Revised Maternity Benefit Act of 2017
The 1961 Act was amended in 2017, as there was a need to refine the original Maternity Benefit Act as time passed. This has led to the Maternity Benefit Act (Amended) in 2017.
The amendment brought about several changes in the original framework of maternity leave policy – like extending the duration of leave from 12 weeks (3 months) to 26 weeks (6 months), including leave for adopting mothers, adding a provision for working from home, and more.
Here are the changes that were implemented.
Maternity Leave Duration Extended: In the original Maternity Benefit Act, there was a provision of only 12 weeks or 3 months. The 2017 amendment increased this duration to 26 weeks or 6 months. According to the amended act, all pregnant working women can avail up to 8 weeks of leave before the expected delivery date and up to 18 weeks after childbirth.
Maternity Leave for Adopting and Commissioning Mothers: The revisions in the Maternity Benefit Act 2017 also included a 12-week maternity leave for female employees who are adopting a child below 3 months of age. The same provision applies in case of a commissioning mother, the biological mother who utilised her eggs to produce an embryo placed in the uterus of another mother.
It is important to note that in this case, the leave duration starts right from the day the child is handed over to the applicant.
Access to Crèche Facilities: The 2017 amendment also added the benefit of childcare facilities or crèches, mentioning that these facilities should be available to an organisation with 50 or more employees. Moreover, the employer should also allow new mothers to visit the childcare facility up to four times a day.
Work-from-home facility: The 2017 amendment provided the much-needed provision of an employer having to allow the employee to work from the comfort of their home during pregnancy. The work-from-home facility can also be extended past the end of maternity leave period, subject to a mutual contract between the employee and the organisation.
Eligibility for Maternity Leave in India
The Maternity Leave Policy in India is applicable to all women working in both private as well as public sector organisations. It means that female employees in private companies, government organisations, factories, plantations, etc., with more than 10 employees, can avail maternity leave.
The Maternity Benefit Act is not applicable to self-employed women or if one is working with a firm that has less than 10 employees.
It is also important to note that in order to be eligible for maternity leave in a company, the woman must have worked for a minimum of 160 days in the period of 12 months before her expected date of child delivery.
4 rules for maternity leaves in India
When you are planning your maternity leave program in India, keep these four rules in mind:
- Employer compliance
Organisations and employers should legally comply with the Maternity Benefit Act. This means providing clear policies, sticking to timelines, and maintaining a supportive environment. Non-compliance of an employer can lead to penalties. Thus it is critical for businesses to prioritise implementation of maternity laws.
- Timing of leave
Maternity leave can begin before or after the delivery date, based on the employee’s health and personal needs. Typically, one can choose to set aside a portion of their leave for prenatal care, and keep the rest for when the baby arrives.
- Medical certificates
In order to be eligible for maternity leave, the biological mother has to submit a medical certificate from a registered practitioner confirming their pregnancy. Additional certificates may be required too if one needs leaves for any kind of complications, medical needs, or if the expectant mother is adopting a child.
- Proper documentation
Employees and employers need to communicate effectively and consistently to manage maternity leave smoothly. The employee should formally notify their employer of their intent to take maternity leave, typically through written communication or a designated form. Employers should also ensure their documentation processes are straightforward and accessible.