How Indian employers can support pregnant employees

What the law requires

The Maternity Benefit Act 1961, as amended in 2017, applies to establishments with ten or more employees and provides 26 weeks of paid maternity leave for the first two children, and 12 weeks for the third and subsequent. Up to eight weeks may be taken before the expected date.

It applies to a woman who has worked at least 80 days in the twelve months before the expected delivery date.

Adoptive mothers of a child under three months, and commissioning mothers, are entitled to 12 weeks from the date the child is handed over.

Twelve weeks' leave applies in the case of a tubectomy operation, and six weeks in the case of miscarriage or medical termination, on production of proof.

Establishments with 50 or more employees are required to provide a creche facility, with four visits a day permitted.

Work from home may be permitted after the leave period, where the nature of the work allows, on terms mutually agreed.

Dismissal or discharge during maternity leave, and any change to conditions of service to her disadvantage, are prohibited. Employers must inform every woman in writing of these entitlements at the time of her appointment.

Note that provisions change and interpretation varies. Confirm the current position for your establishment rather than relying on this summary.

What good employers do beyond the minimum

Tell people what they are entitled to, in writing, without being asked. Most employees discover their rights from the internet rather than from HR.

Flexible hours through the first trimester, which is when nausea and exhaustion are worst and when nobody has been told yet.

Somewhere to sit, somewhere to lie down, and access to a clean toilet and drinking water. These sound basic and are frequently the actual problem, particularly in retail, manufacturing and field roles.

Relief from night shifts, long standing, heavy lifting and hazardous exposure — the Act provides for this where the work is of an arduous nature, and good employers do not require a fight over it.

Paid time off for antenatal appointments, which are frequent in the third trimester.

Keeping in touch during leave, at a level the employee chooses, and a planned return with a proper handover rather than being dropped back in.

A private, clean room for expressing milk on return that is not a toilet, and a fridge to store it.

Paternity and partner leave. There is no statutory entitlement in the private sector in India, and employers who offer it meaningfully — not two days — see the difference in retention.

And treating the return as a transition rather than an event: phased hours for the first weeks, and not scheduling the biggest project of the year for week one.

When an employer does not comply

Get everything in writing, and keep copies. Email confirming a conversation is the single most useful habit here.

Raise it first with HR in writing, citing the Act by name. A significant proportion of non-compliance is ignorance rather than intent, and a written citation resolves it.

Escalate to the Labour Commissioner or the Inspector appointed under the Act in your state. Complaints can be filed and the Act provides penalties for contravention.

For dismissal or denial of benefit, this may be pursued through the labour authorities and the courts. Take legal advice on your specific situation.

For harassment, the Sexual Harassment of Women at Workplace Act requires an Internal Committee in establishments with ten or more employees.

Practical reality: many women do not pursue this because they need the job and the relationship. If that is your position, focus on getting things in writing and on what you can negotiate, and know that the entitlement does not lapse because you did not fight for it immediately.

This is general information, not legal advice, and has not been reviewed by an employment lawyer. Take advice on your own situation.

Frequently asked questions

Q: Does the Act apply to small companies? — It applies to establishments with ten or more employees. Below that, it is a matter of contract and negotiation.

Q: Can I be asked to resign because I am pregnant? — No. Dismissal or discharge during maternity leave, and disadvantageous changes to service conditions, are prohibited.

Q: Is maternity leave paid in full? — The Act provides for payment at the rate of the average daily wage for the period of absence.

Q: Is there paternity leave in India? — There is no statutory entitlement in the private sector; central government employees have provision, and many private employers offer it voluntarily. Ask what your employer's policy is rather than assuming there is none.