Motherhood is one of the most transformative journeys in a woman’s life, and having the right workplace support during this time makes all the difference. In India, maternity leave laws and company policies have evolved to ensure that working women don’t have to choose between their careers and their families.
Whether you're working in a Public Sector Undertaking (PSU), a private company, or in the IT/ITES space, here’s a comprehensive look at the maternity leave entitlements and workplace support available to working women.
The Law That Backs You: Maternity Benefit Act, 2017
The primary law governing maternity leave in India is the Maternity Benefit (Amendment) Act, 2017. It applies to any company or organisation with 10 or more employees—yes, that includes government bodies, corporations, startups, and tech giants.
Here’s what it guarantees:
26 weeks of paid maternity leave for women having up to two children.
12 weeks of paid leave for the third child onwards.
12 weeks of leave for adoptive or commissioning mothers (if the baby is under 3 months).
Option to work from home after maternity leave (if agreed upon with the employer).
Mandatory crèche facility (child care facilities) for companies with 50+ employees.
Legal protection from being fired during maternity leave.
Maternity Leave in PSUs
Public sector undertakings (PSUs) usually go above the minimum legal requirements and offer more generous leave policies.
Most PSUs offer:
180 days (6 months) of paid maternity leave.
Child Care Leave (CCL): Up to 730 days, available until your child turns 18.
Ability to combine maternity leave with earned leave or half-pay leave.
Paternity leave (usually 15 days) for male employees as well.
What About Private Sector & IT/ITES Companies?
Companies in the private and tech sectors are legally bound to offer the same 26 weeks of maternity leave. But many go a step further.
Here’s what’s trending:
Big companies like Infosys, TCS, Accenture, and Google often offer extended maternity leave.
Flexible working hours, remote work options, and rejoining programs make coming back easier for new moms.
Some companies even offer leave for IVF, surrogacy, or fertility treatments.
Paternity leave is becoming more common, ranging from 2 weeks to a month.
Crèche Facilities: What Are They?
If your workplace has 50 or more employees, the law requires it to have a crèche facility—a daycare space where employees can safely leave their children during work hours.
Crèche Rules (as per the Act):
Must be within a reasonable distance from the office.
Women can visit four times a day, including during breaks.
Facilities should maintain cleanliness, safety, and trained caretakers.
This provision helps mothers return to work with peace of mind, knowing their child is in safe hands nearby.
Don’t Forget the Medical Bonus
If your employer doesn’t provide free prenatal and postnatal care, you’re entitled to a medical bonus of ₹3,500, as mandated under the Act. This amount is subject to change based on government updates.
Who’s Eligible for Maternity Leave?
To claim maternity benefits under the law:
You must have worked with your employer for at least 80 days in the past 12 months before your due date.
Applies to both permanent and contractual women employees.
Job Safety and Legal Protection
It’s illegal for any company to terminate a woman during her maternity leave. Employers also cannot:
Change your role or reduce your salary.
Deny you any benefits or promotions.
Discriminate against you due to your pregnancy or leave.
If there’s a violation, you can raise a complaint with the Labour Commissioner or through the Shram Suvidha Portal online.
Final Thoughts
Today, maternity leave in India isn't just a legal formality—it's a crucial part of building inclusive, women-friendly workplaces. Whether you're in a PSU, a startup, or a top IT company, you’re entitled to time, care, and job security as you embrace motherhood.
If you’re planning a family or already expecting, be sure to review your company’s HR policies, understand your rights, and don’t hesitate to speak up for the support you deserve.
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