Maternity benefit: 26 weeks, and the obligations that come with it
Paid leave and associated protections for women employees under the Maternity Benefit Act — 26 weeks for the first two children.
The Entitlement
26 weeks for the first two surviving children, 12 weeks thereafter, with shorter periods for adoption and commissioning mothers.
Who Is Covered
Establishments with ten or more employees; women who worked at least 80 days in the preceding twelve months.
Beyond The Leave
A crèche where fifty or more are employed, nursing breaks, protection from dismissal, and work from home where feasible.
Maternity benefit under the Maternity Benefit Act provides paid leave to women employees — 26 weeks for the first two surviving children and 12 weeks thereafter, with shorter entitlements for adoption and commissioning mothers, and additional leave for illness arising out of pregnancy.
It applies to establishments with ten or more employees, and to women who have worked at least 80 days in the twelve months preceding the expected date of delivery.
The leave is the visible part. The Act carries several further obligations that employers routinely overlook.
A crèche facility is required where fifty or more employees are engaged, with the mother permitted a set number of visits per day. Nursing breaks must be allowed after return until the child reaches the prescribed age. Dismissal or discharge during the maternity period is prohibited, and depriving a woman of maternity benefit on account of absence is not permitted. Where the nature of the work allows, the Act contemplates work from home after the leave period on terms mutually agreed.
Where the employee is covered by ESI, maternity benefit is paid through ESI rather than by the employer directly — which changes who pays, not what the employee receives.
The employer is also required to inform every woman employee of her entitlement in writing at the time of appointment.
Maternity Benefit FAQs
Is the 26 weeks available for every child?
No. It applies to the first two surviving children. For a third and subsequent child the entitlement is 12 weeks.
Who pays when ESI covers the employee?
Maternity benefit is paid through ESI for covered employees. The employer's obligations around crèche, nursing breaks and protection from dismissal continue regardless.
Can maternity leave be refused if work is short-staffed?
No. It is a statutory entitlement for eligible employees, and dismissal or deprivation of benefit on account of maternity absence is prohibited.
Does maternity benefit apply to all establishments?
Coverage is broad, with thresholds, and there is an interaction with ESI — an employee covered under ESI may receive the benefit through that route instead. Paying twice, or neither, are both common.
Can we ask an employee to work during the benefit period?
No. The prohibition is on employment during the prescribed period, and consent does not change it.
Does service continue during maternity leave?
It is treated as continuous for the purposes that matter, including accrual. Breaking service at maternity leave is a serious error rather than a policy choice.
Stop working this out by hand
Klok applies these rules on every payroll run, from your own attendance and salary data, with the working shown.