How to Manage Maternity Leave: Steps for Employers

Maternity leave is one of the few leave types where the law sets both the entitlement and the conditions, and the way HR handles it shapes whether a woman comes back to work afterwards. Under the Code on Social Security, a woman with 80 days of work in the preceding 12 months is entitled to up to 26 weeks of paid maternity leave, or 12 weeks if she has two or more surviving children. This guide covers eligibility, dates, pay, cover, staying in touch and the return to work.

Eligibility and entitlement

Two facts decide the entitlement. First, has she worked for 80 days in the 12 months before the expected delivery? Second, how many surviving children does she have? With fewer than two, the benefit is up to 26 weeks of paid leave; with two or more, up to 12 weeks. Read the maternity benefit rules for how the leave sits around the delivery date and for other situations. If she is insured under ESI, check how the ESI rules apply to her maternity benefit before you set up the pay.

Worked example: dates and eligibility

Ritu Sharma, a senior associate at a Chandigarh firm, tells HR in May 2026 that her expected delivery date is 15 October 2026. She joined in June 2025, has worked well over 80 days in the preceding 12 months, and this is her first child, so she is entitled to up to 26 weeks. Twenty-six weeks is 182 days. If her leave starts on 1 October 2026, the 182nd day is 31 March 2027, and she returns on Thursday 1 April 2027. HR confirms these dates in a letter, plans the handover from mid-September and agrees with Ritu how they will keep in touch.

Pay, benefits and records during leave

Pay the maternity benefit as the law provides, or as ESI provides where it applies, and keep her on the payroll as an active employee on leave, never as an exit. Decide in advance how the leave is treated for other items: how it counts toward annual leave under the rules that apply, how the year's performance rating is handled so she is not marked down for time away, and how any variable pay is prorated. File the leave letter, the medical certificate and the dates in her records, so anyone picking up the case later sees the full picture.

Cover, keeping in touch and return

Plan cover early: a temporary reallocation of work, an acting role for a colleague or a fixed-term hire. Agree how much contact she wants during leave, such as a monthly update email, and keep her informed of major changes and job openings. Before she returns, meet to agree the start date, any phased return and work from home options, and check facilities; read the creche and health checkup rules to see what applies to your workplace. Bring her back to the same role or an equivalent one, with any pay revisions she would have received.

Step by step

Confirm eligibility and dates. Check 80 days of work in the preceding 12 months and the number of surviving children, and confirm the expected delivery date with a medical certificate.
Set up the leave type. Create a maternity leave type with its own rules. In ZeniaHR, leave rules per leave type can restrict a type by gender and ask for a document after a set number of days.
Agree dates in writing. Confirm the start date, the entitlement in weeks and the expected return date in a letter, and keep a copy in her documents.
Plan the handover and cover. Agree what will be handed over, to whom and by when, and arrange cover through reallocation, an acting role or a fixed-term hire.
Process pay correctly. Pay the maternity benefit as the law provides, check how ESI applies if she is insured, and keep her active on the payroll throughout.
Keep in touch as she prefers. Agree the contact she wants during leave, and share major changes and internal job openings with her.
Plan the return. Meet before the return date to agree the start date, any phased return and facilities, and restore her role or an equivalent one.

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Frequently asked questions

How many weeks of maternity leave are allowed in India?

Under the Code on Social Security, a woman is entitled to up to 26 weeks of paid maternity leave, or 12 weeks if she has two or more surviving children, provided she has worked for 80 days in the 12 months before the expected delivery. Your policy can be more generous, never less.

Who is eligible for maternity benefit?

A woman employee who has worked for at least 80 days in the 12 months before her expected delivery. The entitlement is up to 26 weeks of paid leave, reduced to 12 weeks if she has two or more surviving children. If she is insured under ESI, also check how the ESI rules apply to her benefit.

Is maternity leave paid by the employer?

The employer pays the maternity benefit unless another scheme covers it. For a woman insured under ESI, check the ESI rules on how her benefit is paid. In either case, keep her active on the payroll during leave and record the leave, the certificate and the dates in her file.

Can an employee on probation take maternity leave?

Yes, if she meets the conditions, which depend on days of work rather than confirmation: 80 days of work in the 12 months before the expected delivery. Pause or extend the probation review in writing if the leave falls inside the probation period, so that her confirmation is judged fairly on time actually worked.