Having a child is one of the most important events in life but it comes with a range of challenges in India where most working professionals think about leave, salary and of course job security. It is not only important as a personal need but a legal requirement that you know your maternity and paternity leave rights whether you are getting ready to have a child of your own or support your girlfriend, husband or partner in the process.
India has seen impressive advances as far as maternity benefits are concerned but the paternity leave remains in a grey zone among a large percentage of the employees working in the private sector. Have you ever imagined what to do? Is it possible to risk your job when you take long leaves? How are parental leaves treated in different sectors?
In this blog, we’ll break down the rights available to mothers and fathers, what the law says, where it falls short, and how you can ensure you’re not missing out on benefits you’re legally owed.
KEY ASPECTS TO KNOW ABOUT MATERNITY & PATERNITY LEAVE IN INDIA
1. Maternity Leave Is a Legal Right in India
If you’re a woman working in a company with 10 or more employees, you are entitled to maternity leave under the Maternity Benefit Act, 1961, as amended in 2017.
Here’s what you get:
- 26 weeks of paid leave for the first two children.
- 12 weeks of paid leave for the third child onwards.
- 8 weeks of this leave can be taken before delivery.
- Additional benefits for adoptive mothers (up to 12 weeks).
2. You Must Work for At Least 80 Days to Be Eligible.
To qualify for paid maternity leave, a woman must have worked for at least 80 days in the 12 months before the expected date of delivery. These 80 days include paid holidays.
3. Salary Must Be Paid in Full During Leave.
During your maternity leave, your employer is legally required to pay your full salary, not just a percentage or basic pay. Delays or deductions are not permitted under the Act.
4. Job Security Is Guaranteed
The law prohibits termination during maternity leave. Employers cannot fire, demote, or reduce salary while a woman is on maternity leave. Doing so can be legally challenged.
5. What About Paternity Leave?
Unlike maternity leave, there is no national law for paternity leave in the private sector. Though:
- Central government employees are entitled to 15 days of paternity leave, to be taken within 6 months of childbirth.
- In the private sector, paternity leave depends entirely on company policy.
- Some companies offer 5–15 days of leave, while others may offer none.
There is currently no legal obligation on private companies to provide paternity leave, though many are gradually adopting progressive policies.
6. Other Parental Leave Options
- Adoptive mothers (if adopting a child below 3 months of age) are entitled to 12 weeks of maternity leave.
- Some companies offer parental leave, work-from-home options, or flexible hours as part of their internal HR policies.
LEGAL BACKING
1. Maternity Benefit Act, 1961 (Amended 2017)
- Applies to women working in factories, mines, shops, or any establishment with 10+ employees.
- Grants paid leave, job protection, and medical bonus.
- Mandates creche facilities (up to the age of 4) for larger companies.
2. Central Civil Services (Leave) Rules
- Grants 15 days of paternity leave to male government employees.
- Leave must be taken within 6 months of childbirth.
3. The Code on Social Security, 2020
- Aims to consolidate various labour laws, including provisions related to maternity benefits.
- Yet to be fully enforced in all states.
4. Article 42 of the Constitution of India
- Directs the State to make provisions for just and humane conditions of work and maternity relief.
- Though not directly enforceable, it strengthens the intent behind maternity protection laws.
FAQs
Q1. Is it possible that my employer refuses to give me maternity leave?
No. Maternity leave is a legal right and you are eligible to it, hence any refusal may result in employer penalties.
Q2. Will I receive the full salary when I take a maternity leave?
Yes. Your employer is also supposed to give you full pay throughout the maternity leave.
Q3. Is the paternity leave mandatory to every company?
No. Private companies do not have legal requirement to provide paternity leave, although most of them do so on their internal policies. Never forget to look at your employment contract or HR manual.
Q4. So, what will happen when I adopt a child?
Adoptive mothers have a right to 12 weeks of leave that is paid in case the child is less than 3 months. There is even the possibility that some companies will offer adoption paternity or parental leave.
Q5. Is it possible to get fired on maternity leave?
Absolutely not. Terminating employees when in maternity leave are unlawful and the action can be contested in a court of law.
CONCLUSION.
The issue of parental leave is not only an employment regulation but rather a human dignity, equality and care question. Maternity leave is compulsory and running with the Maternity Benefit Act in the Indian law but the leave during paternity remains something of the mercy of the policies of the individual company.
This is the case, however, if you want to expand you family, then you should know your rights. Look up your companies leave policy and know your law, you should not feel bad saying something is not given when you think that you are entitled get the leave. And it is not that starting or growing a family ought to be penalised.
This should be remembered as you might not be able to work, but your rights do not stop.
