Maternity Leave in a Private Job: 26 Weeks, Your Rights and Returning to Work

If you work in a private company in India and you're expecting a baby, you're generally entitled to up to 26 weeks of paid maternity leave, of which up to eight weeks can be taken before the expected delivery date. To qualify, you need to have actually worked for that employer for at least 80 days in the 12 months before your expected delivery. Your employer pays you your average daily wage for the leave period, and it can't dismiss you because you're on maternity leave.

Since 21 November 2025, these rules sit in Chapter VI of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961. The core entitlements stayed the same, so most of what you've heard from colleagues is still right. Here's what you actually need to know, plus the practical parts nobody tells you.

The entitlements, briefly

• 26 weeks of paid leave if you have fewer than two surviving children; not more than eight weeks before the expected delivery.
• 12 weeks if you already have two or more surviving children; not more than six weeks before delivery.
• 12 weeks for a woman who legally adopts a child below three months of age, or a commissioning mother, from the date the child is handed over.
• Eligibility: at least 80 days actually worked with the employer in the 12 months before expected delivery. Days laid off and paid holidays count towards this.
• Pay: your average daily wage, based on the three calendar months before your leave starts.
• Work from home after leave: if your work can be done from home, the employer may allow it after the leave on terms you both agree. It's an option, not an automatic right.
• Crèche: establishments covered by the chapter with 50 or more employees must have a crèche facility (their own or a common one), and you're allowed four visits a day, including your rest intervals.

Note that the Code's maternity chapter applies to establishments covered by it, which includes factories, mines, plantations, shops and establishments with ten or more employees. If your workplace is very small, your entitlement may come from your company's policy instead. ESIC-covered employees get maternity benefit through ESIC rather than directly from the employer.

Telling your employer

There's no rule that says you must tell your manager the moment you find out. Many people wait until after the first trimester. But the Code provides for a written notice to your employer stating the date from which you'll be absent, and in practice HR will need it before they can process your leave and pay. Earlier notice usually makes handover smoother and gives you more say in how it happens.

Practical order that tends to work: check the policy on the HR portal first, then tell your manager in a private conversation, then email HR with your expected date and planned leave start. Ask HR in writing about the exact pay you'll receive, whether variable pay or bonus is affected, and how health insurance covers delivery under your group policy. Maternity sub-limits in group insurance are common and often lower than people assume.

Your job is protected, within limits

Section 68 of the Code makes it unlawful for an employer to discharge or dismiss a woman during or on account of her absence on maternity leave, or to change her conditions of service to her disadvantage during that absence. If you're let go during that period, the employer generally can't take away your maternity benefit unless the dismissal was for gross misconduct as defined in the rules. A woman who is dismissed or deprived of the benefit can appeal to the competent authority within 60 days of the order being communicated to her.

What the law doesn't do is guarantee everything stays exactly the same. Reorganisations happen. Projects move on. In our experience, the women who return most smoothly are the ones who agreed on a written handover plan before leaving and kept one light line of contact with their manager, not daily work, just an occasional message.

If you're on a fixed-term contract, check your end date. The labour codes give fixed-term employees benefits on par with permanent staff, but a contract that ends during your leave is a separate issue worth raising with HR early.

Coming back

The first few weeks back are usually harder than the leave itself. A few things people find helpful:

• Ask about a phased return or flexible hours before your joining date, not on day one. Many companies have policies for this that aren't widely advertised.
• Use the WFH provision if your role allows it. Propose specific days and how you'll stay reachable. A concrete plan is easier to approve than a general request.
• Catch up on what changed. Book 30 minutes with your manager in week one to understand priorities. It signals you're back and avoids being left out of decisions.
• Ask about your appraisal. Ask how your rating will be handled for the period you were away. Some companies have a written policy on this; get the answer in writing.

If you're thinking about not going back

That's a valid choice, and many women take a longer break. If you resign after maternity leave, you'll serve the usual notice period unless agreed otherwise. Make sure your full and final settlement, PF transfer and experience letter are in order before you leave (see PF transfer and exit-date errors).

When you're ready to work again, a break for childcare is one of the easiest gaps to explain. Our guide on returning after a career break covers how to talk about it and how to restart a job search. If you want a role with more flexibility next time, remote jobs on CareerCola and the hybrid-work advice in this guide are good starting points.

This is general information on the Code on Social Security, not legal advice. Company policies can be more generous than the law, and many are, so always read your own.