Cradle to AblePregnancy brings paperwork as well as appointments. India has a law that gives working mothers paid leave, and government schemes that give cash support during and after pregnancy. Here is a plain guide to each, and how to claim it.
Maternity leave for working women
- How long: 26 weeks of paid leave if you have fewer than two surviving children. For the third child onward it is 12 weeks.
- Before the birth: you can take up to 8 weeks before the expected delivery date (6 weeks for a third child).
- Eligibility: you must have worked at least 80 days in the 12 months before your expected delivery.
- Pay: your average daily wage for the days of leave.
- Adopting or commissioning mothers: 12 weeks from the day the child is handed over. For adoption, the child must be under 3 months old.
- Crèche: if the workplace has 50 or more employees, it must offer a crèche, and you may visit 4 times a day.
- Work from home: after your leave, your employer may allow it if the work permits and you both agree.
The Maternity Benefit Act, 1961 has been brought into the Code on Social Security, 2020, which was reported to be in force from 21 November 2025. The main entitlements above carried over. Some state rules were still being framed, so ask your HR team which version your employer follows. Your employer must give you the leave. If you face a problem, you can approach the labour department of your state.
Government employees
- Maternity leave: 180 days for central government employees with fewer than two surviving children. Miscarriage leave is 45 days.
- Child care leave: up to 730 days over a career, for caring for children.
- Paternity leave: 15 days with full pay for fathers in central government service, taken from up to 15 days before delivery to 6 months after. State governments set their own rules.
If you are covered by ESIC
Insured women who pay into the Employees' State Insurance scheme get 26 weeks of maternity benefit at their full average daily wage, if they have contributed for 70 days in the last two contribution periods. Six weeks are given for a miscarriage or medical termination. Ask your employer or the nearest ESIC office if you are covered.
PMMVY: cash for the first child
The Pradhan Mantri Matru Vandana Yojana (PMMVY, now under Mission Shakti) gives:
- Rs 5,000 for the first living child, paid in two instalments of Rs 3,000 and Rs 2,000.
- Rs 6,000 in one payment after birth for a second child, if the child is a girl.
It is paid straight into your bank or post-office account. Women in regular central or state government or public-sector jobs, or who receive similar benefits under another law, are not eligible.
How to apply: register early in pregnancy at your Anganwadi centre or an approved health facility. Carry your Aadhaar, MCP card and a bank or post-office passbook. You can also use the PMMVY portal. Ask the centre about the registration time limits, because published sources differ.
JSY: cash for a safe delivery
The Janani Suraksha Yojana, run under the National Health Mission, gives cash for delivering in a government or accredited private facility. In ten states designated as low-performing (including Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan, Jharkhand, Chhattisgarh, Odisha, Assam, Uttarakhand and Jammu and Kashmir), every woman who delivers there qualifies. In the other states it is for women below the poverty line and women from Scheduled Castes and Tribes. Your ASHA worker will know the exact amount and what to bring.
Fathers and paternity leave
There is no national law giving paternity leave to private-sector employees. It depends on your employer's policy, so ask HR early. Central government fathers get 15 days.
A short checklist
- Tell your employer about your pregnancy in writing and ask for your leave dates.
- Register at the Anganwadi or health centre early, and get your MCP card.
- Open or keep ready a bank account linked to Aadhaar.
- Ask about PMMVY and JSY at your first antenatal visit.
- After delivery, register the birth: see how to register the birth and get the certificate. PMMVY's second instalment depends on it.
Frequently asked questions
How many weeks of maternity leave do I get in India?
Under the Maternity Benefit law, 26 weeks of paid leave for your first two children and 12 weeks from the third child. Up to 8 weeks can be taken before the expected delivery date.
Who is eligible for paid maternity leave?
You must have worked at least 80 days in the 12 months before your expected delivery, at an establishment the law covers. Pay is your average daily wage for the leave period. Ask your HR team how this applies to you.
Do adoptive mothers get maternity leave?
Yes. A mother who adopts a child under 3 months, and a commissioning mother (surrogacy), get 12 weeks from the date the child is handed over.
Can I work from home after maternity leave?
Only if your employer agrees and the job allows it. It is allowed by agreement, not a right.
Does my employer need to provide a crèche?
Yes, if the establishment has 50 or more employees. The mother may visit the crèche 4 times a day, including rest breaks.
How much does PMMVY give?
Rs 5,000 for the first child in two instalments (Rs 3,000 and Rs 2,000), and Rs 6,000 in one payment for a second child if she is a girl. Women in regular central or state government or public-sector jobs are not eligible.
How do I apply for PMMVY?
Register at your Anganwadi centre or an approved health facility with Aadhaar, your Mother and Child Protection (MCP) card and a bank or post-office passbook, or use the PMMVY portal. Ask the centre for the forms and the time limits, as sources differ on them.
What is the Janani Suraksha Yojana?
A National Health Mission scheme that gives cash support for delivering in a government or accredited facility. In ten states designated as low-performing, all women qualify. In other states it is for women below the poverty line and from Scheduled Castes or Tribes. Ask your ASHA worker for the amount in your state.
Do fathers get paternity leave in India?
Central government employees get 15 days of paid paternity leave. There is no national law for the private sector, so it depends on your employer's policy.
Sources
Press Information Bureau releases on the Maternity Benefit (Amendment) Act, 2017 and the Code on Social Security, 2020; Employees' State Insurance Corporation FAQ; National Health Mission Janani Suraksha Yojana guidelines; Ministry of Women and Child Development PMMVY portal; central government leave rules (CCS Leave Rules). Some official pages could not be opened by us, so coverage thresholds and the medical bonus are left out. Confirm the details with your employer's HR team and your local health centre.