Bombay High Court: Indian Employers Must Provide Paid Maternity Leave

• The Maternity Benefit Amendment Act, 2017, provides up to 26 weeks of paid maternity leave for female employees for their first two children, and 12 weeks for the third child onwards.
• Adoptive mothers and surrogate mothers are entitled to 12 weeks of paid maternity leave under the law.
• Employers must provide nursing breaks and access to crèche facilities for their employees in establishments with 50 or more employees.
• The law applies to establishments employing 10 or more workers, making it a significant step towards promoting work-life balance.

Under this legislation, employers are required to provide paid maternity leave, nursing breaks, and access to crèche facilities for their employees.

The Maternity Benefit Amendment Act, 2017, has been in effect since January 1, 2017. This amendment expanded the entitlement to maternity leave from 12 weeks to 26 weeks for female employees for their first two children. For the third child onwards, the leave entitlement is 12 weeks. The law also applies to adoptive mothers and surrogate mothers who have given birth to a child, entitling them to 12 weeks of leave. Under this legislation, employers are required to provide paid maternity leave, nursing breaks, and access to crèche facilities for their employees in establishments with 50 or more employees.

The Maternity Benefit Amendment Act, 2017, built upon the existing Maternity Benefit Act, 1961. Both of these acts have now been consolidated and replaced by the Code on Social Security, 2020, which came into effect on November 21, 2025. The 1961 act initially provided for a maximum of 12 weeks of maternity leave, but it did not cover adoptive mothers or surrogate mothers. The 2017 amendment aimed to address these gaps and provide more comprehensive support to employees undergoing pregnancy, adoption, or surrogacy. The law applies to all establishments employing 10 or more workers, making it a significant step towards promoting work-life balance for Indian employees.

The Maternity Benefit Amendment Act, 2017, and its subsequent consolidation into the Code on Social Security, 2020, have far-reaching implications for Indian employees and employers alike. For employees, this law ensures that they receive adequate support during pregnancy, adoption, or surrogacy, allowing them to focus on their health and well-being without worrying about job security. Employers, on the other hand, must adapt to these new regulations by providing paid maternity leave, nursing breaks, and crèche facilities where applicable. This shift in policy highlights the importance of work-life balance and the need for employers to prioritize employee welfare.

Lawyers should advise clients on their entitlement to paid maternity leave and nursing breaks, as well as access to crèche facilities, under the Maternity Benefit Amendment Act, 2017.

Source: Original reporting via SCC Times