Maternity Leave

Maternity Leave

The Central Government passed the Maternity Benefit Act in 1961 which extends to the whole of India and applies to every establishment belonging to the government and to every establishment which may be industrial, commercial, agricultural or otherwise.

Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Rule 29
A female employee who has completed one year of continuous service is entitled to three months of maternity leave.

Maternity Benefit Act, 1961 - Section 4
The Act provides 12 weeks as the maximum period for which any working woman shall be entitled to maternity benefit. She can avail this benefit as 6 weeks upto and including the day of her delivery and 6 weeks immediately following the day of her delivery.
Section 9
In case of miscarriage or medical termination of pregnancy, a female employee can avail maximum 6 weeks leave with average pay from the date of miscarriage or termination of pregnancy. 
Section 10
Also additional leave with pay for upto 1 month can be availed on production of proof, revealing illness due to pregnancy, delivery, miscarriage, or premature birth.
Section 13
Where a female employees needs to undergo tubectomy operation she can avail leave with wages at the rate of maternity benefit for upto two weeks immediately following the day of her operation.

Plantation Labour Act, 1951 - Section 32
Female employees covered under the Act are eligible for maternity leave in accordance with the Maternity Benefits Act, 1961.

Factories Act, 1948  - Section 79
The Act makes provision for maternity leave with wages for expecting mothers for a maximum period of 12 weeks.


Central Government employees (those directly under GOI) are governed by the Central Civil Service (Leave) Rules, 1972. Under the rules, female employees are entitled to maternity leave for a period of 180 days for their first two live born children.

Child Adoption Leave
Adoptive mothers who are Central Government employees become eligible to 180 days of maternity leave but, this is applicable only if they have less than two surviving children at the time of adoption and if she adopts a child who is below one year of age.