Maternity & Paternity Leave in India 2026: Rules & Rights

Last updated: May 2026. General information, not legal advice — confirm specifics with your employer and a professional.

Quick answer: Indian law guarantees 26 weeks of fully paid maternity leave for the first two children (12 weeks from the third onwards) for eligible women — those who worked at least 80 days with the employer in the 12 months before the expected delivery. This applies to establishments with 10+ employees. Termination during maternity leave is prohibited. Paternity leave is not federally mandated for private-sector employees — it’s employer-discretionary, ranging from a few days to several weeks at progressive companies. Central government employees get 15 days of paternity leave.

Maternity and paternity rights are among the most-searched workplace topics in India and one of the most misunderstood. Here’s the clear, current picture for 2026.

Maternity leave — the core entitlement

The Maternity Benefit Act, 1961 (significantly amended in 2017, with provisions now consolidated under the Code on Social Security, 2020) is the foundational law. The core entitlements:

• 26 weeks of paid leave for the first and second child
• 12 weeks of paid leave from the third child onwards
• Up to 8 weeks of the 26 may be taken before the expected delivery date (the rest after)
• 12 weeks for adoptive mothers (adopting a child below 3 months) and commissioning mothers (surrogacy), from the date the child is handed over

Applies to every establishment with 10 or more employees, covering both private and public sectors.

Maternity leave eligibility

To qualify, a woman must have worked at least 80 days for that employer in the 12 months immediately preceding the expected date of delivery. The 80-day threshold is the single most important eligibility fact — it’s why some women time things carefully when switching jobs while planning a family.

Maternity leave salary — how it’s calculated

Maternity benefit is paid at the rate of the average daily wage for the period of absence. The average daily wage is based on the average of the woman’s wages over the three months preceding the leave (basic pay and regular allowances included; bonuses/overtime typically excluded).

Practical example: an employee earning ₹60,000/month has an average daily wage of roughly ₹2,300, totalling approximately ₹4.2 lakh over the 26 weeks — paid by the employer at full wage.

For ESI-covered employees (earning below the ESI wage threshold), maternity benefit is paid by the ESI Corporation directly rather than the employer, at full wage for 26 weeks, subject to contribution conditions.

Additional maternity protections

• Protection from termination: An employer cannot dismiss or discharge a woman because of maternity, nor terminate during maternity leave. Doing so carries penalties; courts have held denial of maternity benefit as a violation of fundamental rights (Articles 14 & 21).
• Work from home: After the 26-week leave, an employee may, by mutual agreement and depending on the nature of work, opt for work-from-home for a further period.
• Crèche facility: Establishments with 50 or more employees must provide a crèche, and allow the mother prescribed visits to it.
• No reduction in benefits: The maternity benefit cannot be used to reduce other entitlements.
• Written notice of rights: Employers must inform women in writing of maternity benefits at the time of appointment.

Government support schemes

• Pradhan Mantri Matru Vandana Yojana (PMMVY): A direct cash benefit (₹6,000 in installments) for eligible women for the first live birth — partial wage/nutrition support, separate from employer maternity benefit.
• ESI Scheme: Full-wage maternity benefit for ESI-covered employees, paid by ESIC.

Paternity leave in India — the honest picture

This is where expectations and reality diverge most.

• Private sector: There is no statutory paternity leave mandated by central law for private-sector employees. It is entirely employer-discretionary.
• Central government employees: 15 days of paid paternity leave under the Central Civil Services (Leave) Rules.
• State government employees: Typically 10–30 days, varying by state.
• Private-sector reality: Only a minority of Indian companies offer formal paternity leave. Among those that do, it ranges from ~5–15 days at most employers to several weeks at progressive companies. A Paternity Benefit Bill has been discussed but is not enacted into a private-sector mandate as of 2026; the Supreme Court has urged Parliament to legislate it as a social security right.

Practical takeaway for fathers: Treat paternity leave as a negotiable benefit when evaluating offers — ask explicitly about the paternity policy and whether it’s paid, just as you’d ask about other benefits. It is not guaranteed by law in the private sector, so the company’s policy is everything.

If you’re planning a family and switching jobs

Two practical, non-judgmental points:

1. The 80-day rule means maternity eligibility resets with a new employer — you must work 80 days with the new employer in the 12 months before expected delivery to claim from them. Timing matters; plan around it.
2. Ask about both policies during offer stage — maternity beyond the statutory minimum (some companies offer more), paternity, adoption/surrogacy support, return-to-work flexibility, and crèche. These are legitimate, professional questions and increasingly disclosed openly.

Frequently asked questions

How many weeks of maternity leave in India? 26 weeks of paid leave for the first two children; 12 weeks from the third child onwards. Up to 8 weeks may be taken before delivery.

Who is eligible for maternity leave in India? A woman who has worked at least 80 days with the employer in the 12 months before the expected delivery date, in an establishment with 10+ employees.

Is maternity leave fully paid? Yes — at the average daily wage based on the preceding three months. For ESI-covered employees, ESIC pays it directly at full wage.

Can a company terminate a woman during maternity leave? No. Termination because of maternity or during maternity leave is prohibited and carries penalties.

Is paternity leave mandatory in India? Not for private-sector employees — it’s employer-discretionary. Central government employees get 15 days. Treat it as a negotiable benefit when evaluating private offers.

Do adoptive and surrogacy (commissioning) mothers get maternity leave? Yes — 12 weeks for adoptive mothers (child under 3 months) and commissioning mothers, from the date the child is handed over.

Does maternity eligibility carry over when I change jobs? No. The 80-day qualifying service is with the specific employer. You must meet it with the new employer to claim from them.

Is there a crèche requirement? Yes — establishments with 50+ employees must provide a crèche and allow the mother prescribed visits.

Where to go from here

If you’re planning a family, the two highest-value things to do are: confirm your eligibility timeline against the 80-day rule, and treat maternity-beyond-statutory and paternity policies as explicit questions when evaluating offers — good employers answer them openly.

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General information only, not legal advice. Maternity/paternity law and employer policies vary — confirm with your employer and a qualified professional.