WorkforceOSHR Compliance
Maternity Benefit Policy for Employers in India: A Practical HR Guide
· ATTPL WorkforceOS Team
A clear maternity benefit policy protects employees at an important time in their lives and protects the employer from compliance gaps. It also helps companies retain talented women, which matters for every growing organisation.
The legal framework
The Maternity Benefit Act, 1961 applies to factories, mines, plantations, shops and establishments with ten or more employees, and to others notified by states. Its provisions are being carried into the Code on Social Security, 2020. Employees covered by ESI generally receive maternity benefit through the ESI scheme instead of directly from the employer. Check which framework applies to each location and employee category.
Key entitlements to include
- Eligibility after working at least 80 days in the 12 months before the expected delivery date
- Up to 26 weeks of paid maternity leave for the first two children, with not more than 8 weeks before delivery
- 12 weeks for women with two or more surviving children
- 12 weeks for adopting mothers of a child below three months and for commissioning mothers
- Leave for miscarriage and medical termination as provided under the law
- Two nursing breaks a day until the child is 15 months old
Always confirm the latest provisions, as the Social Security Code and state rules may change details.
Creche and work from home
Establishments with 50 or more employees must provide a creche facility, either on their own or shared, within prescribed distance, and allow the mother to visit it during the day as provided. Where the nature of work allows, employers and employees may agree on work from home after maternity leave. Write these options clearly into the policy.
Payroll and records
Maternity benefit is paid at the rate of average daily wage for the period of absence. Configure a separate leave type in your HRMS so balances, approvals and payroll are handled correctly, as explained in our attendance and leave management guide. Keep records of notices, medical certificates and payments for inspections.
Supporting the return to work
- Plan handover before leave and a phased return afterwards
- Keep the employee informed of major changes during leave, without pressure to work
- Protect appraisal and increment eligibility as per law and policy
- Train managers — dismissal during maternity leave is prohibited
Women employees can also read about their rights on Maya Godara's guide to maternity benefit rights.
How ATTPL can help
ATTPL HRMS supports leave types, approvals and payroll integration for maternity benefit. For policy drafting and labour law advice, ATTPL Legal can assist.
Frequently asked questions
How many weeks of maternity leave are employees entitled to?
Up to 26 weeks for the first two children under the Maternity Benefit Act, and 12 weeks for the third child onwards, subject to eligibility.
Is maternity leave paid by the employer or ESI?
For employees covered under ESI, the ESI scheme generally pays maternity benefit. For others, the employer pays as per the law.
Can an employee be dismissed during maternity leave?
No. Dismissal or discharge during maternity leave is prohibited under the law.
Sources
This article is general information, not legal advice. Labour law rules vary by state and establishment and are changing with the Labour Codes; confirm the current position before applying any policy.
See WorkforceOS in action
HRMS, attendance, leave, payroll and hiring in one platform for Indian businesses.