Maternity Leave Rules in India 2025: Eligibility, Benefits, and Application Process

Becoming a mother is a life-changing journey filled with joy, anticipation, and a whole lot of planning. But amidst all the excitement, one of the most important aspects for working women in India is understanding the maternity leave policy. Fortunately, the maternity leave policy in India has evolved over the years to better support women during pregnancy and childbirth. In 2025, these policies continue to prioritise both the physical well-being of mothers and the financial security of families.

In this article, we'll break down everything you need to know about the maternity leave rules, the maternity benefit eligibility, and how to apply for it — all in a simple and easy-to-understand format.

What Is the Maternity Leave Policy in India?

The maternity leave policy in India is governed by the Maternity Benefit Act, 1961, which has undergone several amendments to reflect modern workplace practices. As of 2025, this policy ensures that women employed in various sectors are entitled to paid leave for a certain period before and after childbirth.

The policy aims to:

• Safeguard the health of the mother and child
  
  

• Provide job security during and after maternity
  
  

• Offer financial stability to working women
  
  

This law applies to all establishments with 10 or more employees, including private companies, government offices, shops, and factories.

Duration of Maternity Leave in India 2025

Under the latest maternity leave rules, the duration of paid maternity leave in India remains:

• 26 weeks (6.5 months) for women who have fewer than two surviving children
  
  

• 12 weeks for women who already have two or more surviving children
  
  

• Out of the 26 weeks, up to 8 weeks can be taken before the expected delivery date, and the remaining after childbirth
  
  

In the case of adoption or surrogacy:

• 12 weeks of maternity leave is granted if a woman adopts a child below the age of 3 months
  
  

• The same applies to commissioning mothers (i.e., surrogacy cases)

Who Is Eligible for Maternity Benefits?

Let’s talk about maternity benefit eligibility. To avail benefits under the maternity leave policy in India, a woman must:

1. Be employed in an organisation covered under the Maternity Benefit Act
   
   

2. Have worked for at least 80 days in the 12 months preceding the date of expected delivery
   
   

3. Be on the company's official payroll (temporary, contractual, or full-time)
   
   

Women working in the unorganised sector may not always fall under the purview of the Maternity Benefit Act. However, state-specific laws or schemes (like the Pradhan Mantri Matru Vandana Yojana) might offer maternity-related benefits.

Key Benefits Offered Under the Maternity Leave Rules

Here are the main advantages of the maternity leave rules applicable in India as of 2025:

1. Job Security

One of the primary benefits of the policy is job protection. An employer cannot terminate or demote a woman during her maternity leave. Doing so would be deemed unlawful.

2. Full Salary for the Duration

Employees are entitled to full pay during the approved leave period, ensuring financial continuity during a critical time.

3. Medical Bonus

If the employer does not provide free prenatal and postnatal care, the woman is entitled to a medical bonus of ₹3,500, or a higher amount if specified by the state government.

4. Work-from-Home Option

After completing maternity leave, some organisations offer the option to work from home, depending on the nature of the job and the mutual agreement between employer and employee.

5. Nursing Breaks

Post-return, nursing mothers are allowed two nursing breaks during the working day until the child turns 15 months old.

How to Apply for Maternity Leave in India

Understanding the application process is just as important as knowing your eligibility. Here’s a step-by-step guide on how to apply:

Step 1: Notify Your Employer

Ideally, inform your HR department at least 8 weeks prior to your expected due date. Submit the medical certificate issued by your gynecologist stating your expected delivery date.

Step 2: Submit a Formal Leave Application

Send a formal leave application stating:

• Expected date of delivery
  
  

• Total duration of leave requested
  
  

• Preferred start date of your maternity leave
  
  

Most organisations have internal HR portals or email formats for maternity leave requests.

Step 3: Provide Necessary Documents

Documents generally required include:

• Medical certificate with the expected date of delivery
  
  

• Identity proof
  
  

• Salary slips (in case of any benefit calculations)
  
  

Step 4: Get HR Confirmation

Once approved, your HR team will confirm the duration and terms of your maternity leave, including your salary credit process and return-to-work guidelines.

Maternity Leave and Private Sector Companies

The private sector has also adapted to the updated maternity leave rules with increasing focus on gender inclusion and work-life balance. Many companies go beyond the mandated 26 weeks and offer:

• Extended unpaid leave options
  
  

• On-site childcare facilities
  
  

• Paid paternity leave for partners
  
  

• Return-to-work training and counseling
  
  

These additional benefits improve employee morale and increase retention among women post-pregnancy.

Challenges Still Faced by Women

Despite progressive maternity leave rules, some challenges remain:

• Lack of awareness among women employees about their rights
  
  

• Workplace bias post-return from maternity leave
  
  

• Smaller companies sometimes discourage long leaves
  
  

• Unorganised sector workers still lack structured benefits
  
  

This is where financial planning and external protection, like health insurance and maternity-specific plans, come into play.

Why You Should Plan Ahead

Being aware of your rights under the maternity leave policy in India helps you plan your maternity journey better. Additionally, having a good health insurance policy with maternity coverage can significantly reduce out-of-pocket medical expenses related to childbirth.

Many insurers now offer maternity add-ons, including pre- and post-natal expenses, delivery charges, newborn cover, and even vaccination costs. It’s wise to opt for these as early as possible in your employment journey.

Also Read : Best Maternity Health Insurance Plans

Conclusion

India has made notable strides in improving the maternity leave structure to support working mothers. The maternity leave rules in 2025 continue to emphasise safety, dignity, and financial support for women during one of the most important phases of life.

Whether you're planning a pregnancy or already expecting, understanding your maternity benefit eligibility and the rights provided under the maternity leave policy in India ensures you can focus on your health and your baby — stress-free.

And while the law offers much-needed support, it's always a good idea to complement it with a solid health insurance plan. Companies like Niva Bupa provide comprehensive maternity health insurance that covers hospitalisation, delivery, and newborn care — helping you stay prepared for the journey ahead.