Maternity Leave Rules In India For Private Companies

Maternity Leave Rules In India For Private Companies: Every women employee will get 26 weeks of maternity leave for the first two children, after that it will be 12 weeks. Even mothers who have surrogates will get 12 weeks of leave from the date of hand over the child.

This benefit will be also given to adopting mother who has adopted a child of fewer than 3 months. In the case of adopting mothers also the maternity leave will be 12 weeks.

Maternity Leave Rules In India For Private Companies

  • In order to get maternity leaves, woman employee needs to have minimum 80 working days.
  • Women employees can avail 8 weeks maternity leave before the expected delivery date and remaining 18 weeks maternity leave will be given after delivery date.
  • 12 weeks of maternity leave will be given to adopting mothers and women employees who have surrogates.
  • Every employer who has 50 or more than 50 employees will need to arrange creche facilities within 1 km of working areas and 4 visits will be allowed to women employees. These 4 visits include regular intervals of rest. Earlier only 2 visits will be given under nursing breaks for the child less than 15 months old. The above are the changes in maternity benefit act 1961.
  • The woman employees who are under ESI scheme will get the salary for maternity leave period from ESIC, for remaining women employees employer will pay the salary.

Maternity Leave Rules In India For Contract Employees

There is no amendment in section 2 of the Maternity Benefits act, so the act is applicable to all the women employees who are employed in any capability directly or through any agency i.e maternity benefits act will be applicable to contractual and consultant women employees also.

FAQs On Maternity Leave Rules In India For Private Companies

When can you start your maternity leave in India?

You can take maternity leaves in an 8:18 weeks ratio i.e 8 weeks before the delivery date and 18 weeks after the delivery date.  To know more details read this when should I take maternity leave

What is the eligibility for maternity leave in India?

Women employees need to have a minimum of 80 days contribution towards ESIC to get eligibility for maternity leave in India.

How long are you entitled to maternity leave?

As per the latest amendment in the maternity benefit act 1961, every woman employee is eligible to get maternity leaves of 26 weeks.

How much you get paid when you go on maternity leave?

Women employees will get the full salary which includes basic wage, DA, HRA, other cash allowances, incentive bonuses. Women employees are not entitled to get overtime earning, bonus other than incentive bonuses, PF and pension funds, and gratuity amounts for that particular maternity leave period.

14 thoughts on “Maternity Leave Rules In India For Private Companies”

  1. A lady staff went on maternity leave from 01.07.2022 and gave birth to a child on 06.07.2022. In what way we have to consider her leave for the salary purpose. Can we give paid leave for 26 weeks for her to manage with her new born child? Can you please help me as per the maternity leave rules.

  2. If any private company not agree to give maternity leave and try to terminate the employee then what’s the legal action taken against the company???

  3. I have joined new company in Jan 2022 and I will need maternity leave from June 2022. but the company is saying you are not eligible for the maternity leave and asked me to take unpaid leaves.

  4. Hi my first baby I had in 2015 but i have not taken any maternity leave
    Second baby I have in 2020 that time I had taken six months maternity paid leave
    Buy my second baby die after two days

    Now am having third pregnancy so am I allowed to take six months maternity leave or for how many months I can avail leaves

  5. My company have some work problems, no work load in company, and from 16 june 2021 my company told me to sit home because there was no work load. Company agreed to paid 30% salary. But after 16 August 2021 I applied for maternity leave and company accepted. But after I m on maternity leave my company paid only 30% salary. As per government rules can I gate 100% salary or not. Please reply me Urgently

  6. Can the private organization’s maternity poilicy can vary from organization to organization?
    Also, in private organization, can the payment be done partial during 26 weeks and the rest be credited after the employee resumes mentioning the same in policy?

    • No, but in case if the child is undergoing any critical physical or mental State treatment as a parent you can avail other leave as per your company Policy.

      • My wife joined in one private company on sep 2022 and now she is pregnant and her delivery is expected on October, but her HR is saying you have to complete 300 working days to take maternity leave? She is planning to take for 10days of delivery…by the time she completed one year with that company? Is 300 working days is needed to avail the maternity benefits?


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