How to manage maternity leave compliantly and supportively
The Maternity Benefit Act 1961 (as amended in 2017) provides some of the most generous maternity protections in the world — 26 weeks of fully paid leave for the first two children, 12 weeks for subsequent children, and additional protections for nursing mothers and women who adopt. Compliance is mandatory; a supportive implementation builds employer brand and retention.
Who is covered: all women employed in establishments with 10 or more employees. The employee must have worked for the employer for at least 80 days in the 12 months preceding the expected delivery date to qualify for the benefit.
Employer obligation: full salary payment for the maternity leave period. Unlike ESIC (where ESIC pays the maternity benefit for covered employees), for employees earning above ₹21,000 per month (not covered by ESIC), the employer bears the full cost.
What companies get wrong: treating maternity leave as a problem to be managed (pressuring employees to return early, reducing their role or responsibilities while on leave, or overlooking them for promotions because they 'weren't there') rather than as a business process to be managed well. All of these behaviours are legally risky and culturally damaging.
Work from home provision: the 2017 amendment includes a provision for the employer and employee to mutually agree on work from home arrangements after the leave period. This is an opportunity to support employees through a flexible transition back to work.
Pre-leave planning: when an employee announces a pregnancy, immediately begin handover planning. Who will cover their responsibilities? What's the timeline? A 6-month planning horizon gives you time to train a backup, document processes, and ensure business continuity without creating crisis when the leave begins.
Return-to-work support: a planned return — a welcome back communication, a phased schedule if needed, a clear role assignment — signals that the employee is valued and expected. Unmanaged returns, where the employee returns to find their role uncertain, are the most common trigger for post-maternity departure.
HR SYSTEMS & PROCESSES