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Maternity Leave in India and Sample of Maternity Leave Letter to Employee


Maternity Leave in India

Becoming a mother is a happy feeling for every woman. In such a situation, every working woman wants to give full time to her child along with her work. Therefore, there is a provision of maternity leave for working women in many states including Delhi in India. In India, maternity leave is provided to women at the time of childbirth. This leave is regarded as a benefit to the mother and child. There are certain requirements that must be fulfilled before starting maternity leave. If you are also a working woman, then let us tell you all the rules and regulations related to maternity leave.

What is maternity leave?

Maternity leave or maternity leave is one under which a female employee is granted leave for her pregnancy, childbirth and early care for her. His company also pays money to women for this holiday. That is, in this leave, women are given their full salary. Maternity Leave Act can be taken by women working in factories, corporates, mines, farming, shops, institutions and government jobs.

What is the duration of maternity leave in india?

Under the Maternity Benefit Amendment Act 2017, Major changes to the Maternity (Amendment) Bill 2017 Under the Maternity Leave Act, 1961, women could take only 12 weeks of leave. Whereas according to the Maternity Benefit Amendment Act 2017, this period has been increased to 26 weeks. now the period of this leave of women has been increased from 12 weeks to 26 weeks. However, for the woman who is going to give birth to her third child, the period of maternity leave will be up to 12 weeks only. Women employees can also divide their maternity leave into two parts (before delivery and after delivery) if they want. Women can take 8 weeks leave before delivery and another 16 weeks leave after delivery. The duration of maternity leave for women who become pregnant for the third time is only 12 weeks.

Will I Get a Salary During Maternity Leave?

Absolutely. If you are eligible for 12 or 26 weeks of maternity leave, you will get paid during this period. Under the Maternity Benefit Act of 1961, your maternity leave pay is calculated on the basis of your average daily wage during a three-month period. These three months are the ones immediately before the start of your vacation. You can claim this salary only if you have worked for your employer for at least 80 days during the last 12 months.

Know when you can take maternity leave

Under this act, women can take maternity leave eight weeks before the estimated date of delivery and after delivery. With this, women who are giving birth to a third child can take maternity leave 6 weeks before and 6 weeks after delivery. Apart from this, women adopting a child can start this leave from the date of adoption. Commissioning mothers can also avail leave from the date of receipt of the child.

Can an Employer Fire me for Being Pregnant?

No, it is against the law to fire an employee just because she is pregnant. Many companies have even made policies to prevent discrimination against pregnant women.

But in reality, such cases are heard from many mothers that due to the gradually increasing pressure during pregnancy, they were forced to resign If you believe your employer is not enforcing the law properly, you can seek legal advice. If a company fires its female employee because she is pregnant, then it is illegal by law. For this, legal action can be taken against the company under the Maternity Benefit Act 2017.If medical benefits are not given to the woman during pregnancy by any institution, then a fine of Rs 20000 can be imposed.

There is also a provision of 3 months in jail if a woman is fired from work during leave.

What if You Don't go Back to Work After Maternity Leave is Over?

This question may bother you that what if you do not go to the office after the end of maternity leave? As we have mentioned above that the Maternity Benefit Act 2017 gives you paid leave for 26 weeks, but if you do not go to the office after the end of this period, then –

  • You can opt for work from home, for which you will have to talk to your department head and HR.
  • You can apply for additional leave in addition to maternity leave, but it depends on the company whether it will give you paid leave or unpaid. If the company provides sick leave or casual leave etc., then it can be paid.

Maternity Leave Letter Format To Employee

Maternity leave application sample (Required (Application of Maternity Leave before Delivery)

Maternity Leave Letter To Employee

To: Mail ID


Subject: Maternity Leave Application

Dear Mr./Mrs. (Name),

I am pleased to inform you about my Maternity leave Application and intent to take the full maternity grant of 26 weeks. I would like to take my Maternity leave from ___to___barring any unforeseen complications.
In my absence, My team member (Name) will manage and take responsibility for my work. If you have any concerns regarding this, please let me know.

I express my sincere gratitude in advance for allowing me the time away so that I can fully prepare and adjust to the life of motherhood. I request you to please approve my maternity leave for the period mentioned above as per company policy.
I have attached my pregnancy details and doctor's letter confirming the details along with this application.

Thanking You,
Yours Sincerely,
Your Name

Maternity Leave Application Letter Format In Word And PDF

Maternity Leave Extension Letter 

Application for Maternity Leave Extension

(Reporting Manager)
Company Name

Dear Mr./Mrs. {Recipient’s Name},

Sub: Application for Maternity Leave Extension Due to (Reason)

As you know, I am in my maternity leave. My delivery has been delayed because of some critical reasons. Earlier I have applied for leave for _____ weeks. Now I want to extend my maternity leave for ____ weeks more, as my doctor suggested to take rest for _____ more weeks.                                                           

Kindly consider my application for maternity leave extension.


Yours Sincerely,
{Your Name}

Extension Of Maternity Leave Format Download in Word and PDF

Final Words

This is a common procedure under the Maternity Leave Act which is applicable in all government and non-government institutions. Contact your HR team or manager for the correct information. If you have any queries in your mind then you can ask question in our Facebook page.

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This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.

Dheeraj Budhori, an Internet Researcher & SEO, started his Optimizer journey in 2019. His top executive is his passion for search engine analysis & interest in understanding User psychology
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