October 8, 2025

Introduction

When we talk about employment rights, one of the most important rights is the right to maternity leave. A maternity leave ensures that the females have the required support and time to recover after they have given birth. They have time to take care and bond with their child and adjust into the new routine. In India, maternity leave and its related laws have been time and again amended so that women can get better protection and advantages.

In this blog, we will delve into the legal framework of maternity leave, explore the benefits, rules and judicial cases which were decided in India. This blog also draws a comparison on maternity leave in India and other countries around the world.

Maternity leave in India

Maternity leave is nothing but a sanctioned leave for working women in India. A maternity leave can be used before or after the child’s birth. If a working woman is eligible as per Maternity Benefit Act, then she can apply for a maternity leave of up to 6 months. Maternity leaves are significant as it ensures well being of both the newborn and the mother.

Maternity leave is not a formal legal requirement, it is a form of respect paid to working women to navigate during pregnancy and early motherhood. Maternity leave also acts as a promise made by the employer to give the working women her position back when she rejoins

Legal framework on maternity leave in India

The maternity leave in India is primarily governed by the Maternity Benefits Act, which undergoes amendments whenever needed.

Maternity Benefit Act of 1961

The Maternity Benefit Act of 1961 was made to protect the rights of working women during pregnancy and after childbirth. It allowed women to take 12 weeks of paid leave to rest and take care of their newborns. The law made maternity leave a legal right, not a favor, ensuring that no woman could be denied this benefit. It applied to all companies with 10 or more employees in both private and public sectors. During maternity leave, employers had to pay full wages and were not allowed to dismiss a woman because of her pregnancy.

Maternity Benefit Amendment Act, 2017

In 2017, the law was updated to give better support to working mothers. The paid maternity leave was increased from 12 to 26 weeks for women having their first or second child, while women having a third child or more continued to get 12 weeks of leave. This change helped mothers spend more time with their newborns and brought India’s maternity policies closer to international standards.

Eligibility criteria for maternity leave

A woman must have worked with the same employers for 80 days in the 12 months preceding the expected date of delivery. The woman must be an active part of the organisation.
The MB Act applies to all women who work in establishments with 10 or more employees. This includes shops, plantations, factories and other organisations which are notified.
Maternity leave is not just for women who are biological mothers. It covers an adoptive mother whose child is under three months along with surrogate mothers. They are eligible for 12 weeks of maternity leave.
Women who have faced miscarriage are also entitled to maternity leave of 6 weeks.

Category / Circumstance	Duration of Leave	Specific Provisions
For the first or second child	26 weeks	Up to 8 weeks before the delivery; the rest is for the post-delivery period.
For the third child and onwards	12 weeks	The leave is divided into 6 weeks pre-delivery and 6 weeks post-delivery.
Adoption of a child (under 3 months)	12 weeks	Leave starts from the day the child is handed over to the adoptive mother.
Commissioning mother (via surrogacy)	12 weeks	Leave commences on the date the mother receives the child.
Miscarriage or medical termination	6 weeks	The leave begins immediately following the date of the miscarriage or termination.
Post-tubectomy surgery	2 weeks	Leave starts from the date of the sterilization procedure.

Benefits of maternity leave

There are numerous benefits which come along with maternity leave. The benefits of maternity leaves are:

Maternity leave is a paid leave. Women are entitled to full salary during their maternity leave. This makes sure that they have income security during and after the pregnancy.
The employer of the company cannot alter or dismiss the employment of the women when she is on maternity leave. He cannot demote, cut her salary, or treat her unfairly.
If there are aunty issues or complications at the time of birth, then women can be given one month extra in their maternity leave.
The employer must give clean drinking water, comfortable workspace, hygienic washrooms etc. this is applicable for establishments with more than 50 employees.
When the woman returns from her maternity leave she should be given her exact same position with salary.
The employer with the mutual consent of women can also provide her with a work from home option after the maternity leave ends.

Punishment under Maternity Benefits Act

If any employer does not follow any of the provision laid under the Act then he shall be liable for:

Imprisonment up to 3 months or,
Fine up to Rs. 500 or both.

If maternity benefit is not paid by the employer or any other amount which the woman was entitled to then the court will recover the same amount from the employer and pay the woman.

Landmark judgments on maternity leave in India

In K. Umadevi vs. Government of Tamil Nadu & Ors. (2025), the Supreme Court ruled on whether a woman government employee could get maternity leave for a child from her second marriage, even though she already had two children from her first marriage. The appellant had two children from her first marriage and got divorced in 2017. She remarried in 2018 and became pregnant.

When she applied for maternity leave from August 2021 to May 2022, the government rejected her request under the rule that maternity leave is allowed only for employees with less than two surviving children. A Single Judge of the Madras High Court allowed her leave, but the Division Bench overturned it, leading her to approach the Supreme Court. The court held that there is no limit on the number of children for claiming maternity leave and that the “two surviving children” rule applies only to children in the mother’s custody.

The court further emphasised that maternity leave is part of a woman’s right to make choices about her own body and life and that population control rules and maternity benefits can work together without conflicting. The court ordered the government to grant her maternity leave and release the benefits within two months, making it clear that having children from a previous marriage cannot stop a woman from getting maternity leave for a new child.

In Municipal Corporation of Delhi vs. Female Workers (Muster Roll) (2000), the Supreme Court ruled that the Maternity Benefit Act also applies to women working on a casual or temporary basis. The court said that denying maternity benefits just because of the type of job is unfair and discriminatory. This decision emphasised that maternity rights are fundamental and should be provided to all women workers. The ruling follows Article 42 of the Constitution, which requires the State to ensure fair working conditions and maternity benefits.

In, Neera Mathur vs. Life Insurance Corporation of India (1992), LIC was asking the women to reveal details about their menstrual cycles and pregnancies during hiring. The Supreme Court said this was intrusive and violated privacy, highlighting the need for gender-sensitive workplace practices.

In Rohini Balakrishnan vs. State of Kerala (2018), a teacher was denied maternity leave for her third child, but the Kerala High Court ruled that maternity benefits cannot be denied based on the number of children. The case stressed the importance of protecting maternal and child health as intended under the law.

In the case of P. Yasotha vs. The Government of Tamil Nadu (2023), the petitioner was a government lab assistant. She had two children from her first marriage and twins from her second marriage. While pregnant with the twins, she applied for maternity leave.

The Madras High Court considered two questions:

Whether she was entitled to maternity leave for the third child.
Whether the Maternity Benefit Act (MB Act) applied to government employees.

The court ruled against her, stating that as a government employee, she was not covered under the MB Act, and the state rules limit maternity leave for the third child.

In the case of Govt. NCT of Delhi vs. Rehmat Fatima (2024), the respondent was appointed as a stenographer on a contract, which was renewed several times. After 5 years, she applied for maternity leave, but it was denied because her contract was about to expire. She filed a writ petition in the Delhi High Court asking for maternity benefits and reinstatement.

The Single Judge rejected her request for reinstatement but granted her maternity benefits for 26 weeks, saying that the type of employment does not affect a woman’s right to maternity benefits. The Authority challenged this in the Division Bench, but the Court upheld the Single Judge’s decision, ruling that maternity benefits under Section 5 of the MB Act continue even after the contract ends.

The issue of whether Sundays and holidays should be counted in maternity leave was seen in the case of B. Shah vs. Presiding Officer, Labour Court (1978). The Supreme Court ruled they should be included, saying maternity benefits cover full weeks. This ensures women get complete protection during maternity without any arbitrary deductions.

In the landmark case of Air India vs. Nergesh Meerza (1981), the court struck down a rule that fired air hostesses on their first pregnancy, calling it unfair and against Article 14. This case made it clear that women cannot be punished for pregnancy and set an important precedent.

In the case of Naziya B & Others vs. State of Kerala (2021), the petitioners were IT programmers working on contract at Kerala University of Health Sciences. They applied for maternity leave, which was granted, but without any allowance, because their contracts were less than one year, and the rules said benefits were only for contracts of one year or more. The Kerala High Court ruled in their favor, directing the authorities to calculate and pay the maternity benefits they were entitled to within two months.

In the case of Chanda Keswani vs. State of Rajasthan (2020), the petitioner had twins through surrogacy and applied for maternity leave. The authorities rejected her request, saying the rules did not allow maternity leave for mothers through surrogacy. The Rajasthan High Court ruled that there is no difference between a natural, biological, or surrogate mother, all have the fundamental right to life and motherhood under Article 21. The court directed the government to grant her 180 days of maternity leave as requested.

Maternity leave rules in other countries

Developed and developing countries have their own laws and rules related to maternity around the world.

Country	Duration of Maternity Leave	Financial Support / Pay	Comparison with India
United States	Up to 12 weeks (unpaid, FMLA)	No federal paid leave; varies by employer	26 weeks paid; U.S. only mandates unpaid leave
United Kingdom	Up to 52 weeks (39 weeks paid)	First 6 weeks: 90% of salary; remainder statutory pay	26 weeks fully paid; UK has longer leave but tiered pay
Canada	Up to 18 months	55% of earnings (up to $695/week)	Shorter duration, employer-funded; Canada’s leave is government-funded
Germany	14 weeks fully paid + up to 3 years parental leave	Government-subsidized benefits	Paid maternity leave only; Germany offers longer, government-backed support
China	98 days paid (regional variation)	Paid leave	Longer paid leave, employer-funded
Brazil	120 days full pay	State-funded	Similar duration but funded by employer
Mexico	12 weeks fully paid	Paid leave	Longer maternity leave
South Africa	4 months unpaid	Unpaid	Paid leave, South Africa mostly unpaid

Conclusion

In India, maternity leave laws play a crucial role to protect the rights and health of working women. Maternity leave rules ensure financial stability along with job security in the woman’s life. Time and again progressive amendments have been made to ensure that women are protected along with many key judicial decisions. India has always tried to be at par with the global standards of maternity leave. There is still a consistent requirement to create awareness about the same and ensure that maternity leave rights are accessible to all eligible working women.

Frequently asked questions (FAQs)

What is ‘Right to Payment’ under maternity leave in India?

The name itself explains what the right is about. Right to payment under Section5 of the Act states that the employer has to pay the woman while she is taking care of her child. The law ensures that a woman does not lose her income when they are taking time off due to child birth. It is the legal right of the woman to receive her full salary during maternity leave. It is a mandatory payment which is to be fulfilled by the company. The women are paid their daily average salary which they earned before they went on maternity leave.

Can an employer deny maternity leave?

No, no employer can deny maternity leave.

References

https://ili.ac.in/pdf/win21_13.pdf

Laws related to maternity leave