Maternity laws in India are primarily governed by the Maternity Benefit Act, 1961, which ensures job protection for women during and after pregnancy. Women working in establishments with 10 or more employees are entitled to 26 weeks of paid maternity leave (8 weeks before and 18 weeks after childbirth), with a reduced duration of 12 weeks for women with two or more children.
The Act also mandates full salary during maternity leave, prohibits dismissal during leave, and allows women to request work from home after the leave period, subject to employer approval. Additionally, companies with 50 or more employees must provide a crèche facility.
Adoptive and commissioning mothers are entitled to 12 weeks of leave, and employers must inform employees about their maternity benefits. The Employees' State Insurance Act, 1948, and the upcoming Code on Social Security, 2020, also provide maternity benefits for insured women.
