IndiaWhat maternity benefits am I entitled to?
You are entitled to 26 weeks of paid maternity leave, medical allowance up to ₹3,500, and protection from dismissal during pregnancy and leave under the Maternity Benefit Act, 1961.
What the Law Says
The Maternity Benefit Act, 1961 is the main law governing maternity benefits for women employees in India. It applies to establishments with 10 or more employees and covers women in both organised and unorganised sectors (including mines, plantations, shops, and factories). The law guarantees paid leave, medical support, and job security.
You are eligible if you have worked for at least 80 days in the 12 months before your expected delivery date. This includes casual, contractual, and daily wage workers — not just permanent staff.
The 26-week leave includes up to 8 weeks before the expected date of delivery. If you’re adopting a child below 3 months or commissioning a surrogate birth, you get 12 weeks of paid leave from the date the child is handed over.
In case of miscarriage or medical termination of pregnancy, you’re entitled to 6 weeks of paid leave immediately following the event. You must provide proof (e.g., medical certificate) to claim this benefit.
Your employer must pay your full wages during leave — calculated on the average daily wage for the three months preceding leave. No deductions are allowed. You’re also entitled to a medical bonus of ₹3,500 if no prenatal or postnatal care is provided free of charge by the employer.
Statutory TextEvery woman shall be entitled to, and her employer shall be liable to pay, maternity benefit at the rate of the average daily wage for the period of her actual absence.
— Maternity Benefit Act, 1961, s. 5(1) — Maternity Benefit
Statutory TextThe maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks...
— Maternity Benefit Act, 1961, s. 5(3) — Duration of maternity benefit
Statutory TextA woman who has suffered miscarriage shall be entitled to leave with wages at the rate provided in sub-section (1) for a period of six weeks...
— Maternity Benefit Act, 1961, s. 9 — Leave after miscarriage
What to Do
Confirm your eligibility: Ensure you’ve worked at least 80 days in the 12 months before expected delivery.
Submit written notice to your employer at least 7 weeks before your expected delivery date, stating your intention to take leave and the date you’ll start.
Provide medical proof (e.g., doctor’s certificate) for miscarriage, adoption, or surrogacy to claim applicable leave.
Receive full wages within 48 hours of submitting your leave application — if delayed, escalate to the Inspector under the Act.
If denied benefits or dismissed, file a complaint with the Labour Commissioner or file a civil suit within 1 year of the violation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.