What are the Maternity Benefits in India? Grounds, Period & Protection

Maternity benefits are legal entitlements provided to working women to safeguard their health and employment during pregnancy and childbirth.

Under Section 5 of the Maternity Benefit Act, 1961, eligible women are entitled to 26 weeks of paid maternity leave for up to two surviving children. For the third child onward, the entitlement is 12 weeks.

Maternity leave is granted on the grounds of pregnancy, miscarriage, medical termination, adoption, and surrogacy.

In a recent ruling, the Supreme Court upheld the maternity leave rights for a third child, holding that maternity benefits are a part of reproductive rights under Articles 14, 15, 21, and 42 of the Constitution.