What is the maternity leave entitlement under Indian law in 2026?

Under the Maternity Benefit Act, 1961 (as amended in 2017), eligible women are entitled to 26 weeks of paid maternity leave for the first two children, of which up to 8 weeks may be taken before the expected delivery date. For the third and subsequent children the entitlement is 12 weeks, and adoptive or commissioning mothers receive 12 weeks from the date the child is handed over.

To qualify, a woman must have worked at least 80 days in the 12 months preceding her expected delivery date, and the Act applies to establishments with 10 or more employees. Additional protections include nursing breaks, a medical bonus where the employer does not provide pre- and post-natal care, mandatory creche facilities in establishments with 50 or more employees, and protection against dismissal during the leave period.