Maternity Rights for Working Women
Working women are entitled to 26 weeks of paid maternity leave, medical bonus, and job protection.
🗣️ What this means for you
As a working woman, you are entitled to 26 weeks of paid maternity leave (for first two children). Your employer cannot fire you during pregnancy or maternity leave. You are entitled to medical bonus of ₹3,500, nursing breaks of 15 minutes twice a day until the child is 15 months old, and work-from-home options if the nature of work permits. Establishments with 50+ employees must have a crèche facility.
Step-by-Step Action Plan
Inform your employer about your pregnancy and expected delivery date in writing.
Apply for maternity leave as per your company's policy and the Maternity Benefit Act.
If denied, file a complaint with the Inspector under the Maternity Benefit Act.
If terminated during pregnancy/maternity, file a complaint with the Labour Commissioner.
You can file for reinstatement in the Labour Court.
For crèche facility issues, raise a complaint with the Labour Department.
⚖️ The Relevant Law
Maternity Benefit Act, 1961 (amended 2017) (1961)
Section 5, Section 5A, Section 11A
"Every woman who has worked for at least 80 days in the 12 months preceding her delivery shall be entitled to maternity benefit for 26 weeks (for first two children) or 12 weeks (for third child onwards). Commissioning mothers and adopting mothers are entitled to 12 weeks from the date the child is handed over."
⚠️ Punishment / Penalty
Denying maternity benefits: imprisonment up to 1 year or fine up to ₹5,000 or both. Dismissal during maternity leave is illegal and the employee must be reinstated with full benefits.
Required Documents
- 📄Medical certificate of pregnancy
- 📄Appointment letter
- 📄Leave application
- 📄Salary slips
- 📄Employment records showing 80 days of work