WebHR

Maternity benefit

26 weeks’ paid leave for the first two children, 12 weeks after that and for adoptive and commissioning mothers, the 80-day eligibility, medical bonus, creche and work from home.

Applies to:
All India (Central)
For:
HR, Payroll, Managers
Last reviewed:

At a glance

SituationPaid leave
First or second child26 weeks, of which up to 8 weeks before the expected delivery
Two or more surviving children12 weeks, of which up to 6 weeks before delivery
Adopting a child under three months12 weeks from the date the child is handed over
Commissioning mother (surrogacy)12 weeks from the date the child is handed over
Miscarriage or medical termination6 weeks after the day of it
Tubectomy2 weeks after the operation

Who is entitled

Every establishment with 10 or more employees is covered. A woman who has worked for the employer for at least 80 days in the 12 months before her expected delivery date is entitled, whatever her pay.

Maternity benefit is paid at her average daily wage for the days of absence. Where she is covered by ESI, ESIC pays the benefit instead of the employer.

Medical bonus, creche and work from home

  • Medical bonus of ₹3,500 (or the amount the Government notifies) if the employer does not provide free pre-natal and post-natal care.
  • Creche: an establishment with 50 or more employees provides one, within a prescribed distance, and allows four visits a day including rest intervals.
  • Work from home: where the work allows it, the employer and employee may agree on it after the leave, on terms they settle.
  • The employer tells every woman about these benefits in writing and electronically when she joins.
  • A woman may not be dismissed or have her conditions changed to her disadvantage because of her absence on maternity benefit.
In WebHR

In WebHR, maternity leave is a leave type with its own length and eligibility, so the 26- and 12-week rules and the 80-day condition are set once in Leaves → Leave Types and Leave Policies. Employees apply from the web or the mobile app like any other leave.

References

  1. The Code on Social Security, 2020 — Chapter VI (India Code)
  2. Labour Law Reporter — maternity benefit under the Labour Codes
  3. greytHR wiki — Code on Social Security, 2020

Related

Plain-language guidance for HR teams, not legal advice. Checked against the sources above on 29 September 2026; the notification or your authority’s portal is final. Spotted something out of date? Tell us.