Maternity Leave Policy Template: 26 Weeks Paid Leave

A maternity leave policy sets out paid leave for women employees before and after childbirth, based on the maternity benefit in the Code on Social Security: up to 26 weeks of paid leave, or 12 weeks for a woman with two or more surviving children, after 80 days of work in the preceding 12 months. This template adds the practical rules on notice, documents, pay, benefits during leave and a planned return.

When to use it: Put it in place before any employee announces a pregnancy, and review it whenever the maternity benefit rules change. HR drafts it, the HR head and a director approve it, and HR walks the employee through it as soon as she tells the company about her pregnancy.

Maternity leave policy template

Copy the text below and replace everything in square brackets with your company details.

1. Purpose

This policy sets out the maternity leave and related support available to women employees of [Company Name], so that they can take the time they need around childbirth with pay and return to work with confidence.

2. Scope

It applies to all women employees, including probationers and fixed-term employees, who meet the eligibility condition. Leave for adopting and commissioning mothers is covered by the Adoption leave policy.

3. Eligibility and entitlement

A woman employee who has worked for at least 80 days in the 12 months preceding her expected date of delivery is eligible for paid maternity leave.
An eligible employee with fewer than two surviving children is entitled to up to 26 weeks of paid maternity leave.
An eligible employee with two or more surviving children is entitled to up to 12 weeks of paid maternity leave.
Where the company's provision and the law differ, the employee receives whichever is more favourable to her.

4. Taking leave

The employee tells HR in writing about the pregnancy and expected date of delivery, with a medical certificate, at least [8] weeks before she plans to start leave.
She agrees the start date of her leave with HR, within the limits set by applicable law.
She may extend her time off by adding earned leave, sick leave or leave without pay, with the manager's approval.
Leave for miscarriage, medical termination of pregnancy or illness arising out of pregnancy is granted as applicable law provides, plus [any additional company provision].

5. Pay and benefits

Maternity leave is paid at [the employee's full monthly salary], and never below the maternity benefit required by law.
Salary for the leave period is paid [on the usual monthly payroll date].
If the employee is covered under ESI, HR checks whether the benefit is payable through ESI instead of by the company and helps her file the claim.
Group health insurance and other benefits continue during maternity leave.
Maternity leave does not break continuity of service, and the period counts for [increments, confirmation timelines and earned leave accrual].

6. Protection

The company will not end an employee's service, or change her conditions to her disadvantage, because of pregnancy or maternity leave.
Her performance rating for the year takes account of the leave period and is not lowered because of it.

7. Return to work

HR contacts the employee [4] weeks before her return date to plan the return.
She returns to the same role, or to a similar role at the same grade and pay if the original role no longer exists.
Where the work allows, she may ask to work from home or on flexible hours for a period after returning, and the manager and HR will consider the request in good faith.
Nursing breaks and creche facilities are provided as applicable law requires and as the company's facilities allow.

8. Responsibilities

Employee: inform HR early, submit certificates and agree leave dates.
Manager: plan cover and support a smooth return.
HR: confirm eligibility, dates and pay in writing and keep medical documents confidential.

9. Review

HR reviews this policy whenever maternity benefit provisions change, and at least every [2] years, taking feedback from employees who have returned from leave.

What to include

The legal entitlement

Up to 26 weeks of paid leave, or 12 weeks for a woman with two or more surviving children, after 80 days of work in the preceding 12 months. Read the maternity benefit rules and never write a lower number into the policy.

Eligibility confirmed in writing

Confirm eligibility, leave dates and pay to the employee in writing as soon as she informs HR. Early clarity removes anxiety and prevents payroll errors months later.

ESI-covered employees

For employees covered under ESI, the benefit may be payable through ESI rather than by the company. Explain this at the start, so an employee expecting her salary from the company is not caught by surprise.

Protection from disadvantage

State that pregnancy and maternity leave will not lead to termination, demotion or a lower rating. Having the commitment in the policy means managers see it before any decision is made.

A planned return

Plan the return a few weeks ahead: role, working pattern, nursing breaks and any flexible arrangement. Also check the creche requirements that may apply to your establishment.

Benefits during leave

Say which benefits continue, such as health insurance and service counting for increments. Silence on benefits leads to disputes over insurance cover exactly when the employee needs it most.

Common mistakes to avoid

Offering less than 26 weeks to an eligible employee with fewer than two surviving children.
Stopping health insurance cover while the employee is on maternity leave.
Rating an employee lower in appraisal because she was on leave for part of the year.
Assuming a probationer or fixed-term employee is not eligible without checking the 80-day condition.
Calling the employee repeatedly about work during her leave.

Run it in ZeniaHR

In ZeniaHR Leave Applications, the rules for the maternity leave type can limit it by gender, set a minimum service and require a supporting document, and the live preview shows the exact days charged before she applies. Approved leave appears on the Leave Calendar so the manager can plan cover. Medical certificates are kept in the employee's documents, and paid days flow from the finalized attendance month into Direct Payroll.

Leave management Payroll Employee documents

See it on your own data

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Frequently asked questions

How many weeks of maternity leave are given in India?

Up to 26 weeks of paid maternity leave for a woman with fewer than two surviving children, and 12 weeks for a woman with two or more surviving children, provided she has worked at least 80 days in the preceding 12 months. Employers can give more, but not less, to an eligible employee.

Is a probationer eligible for maternity leave?

Yes, if she meets the condition of 80 days of work in the preceding 12 months. Eligibility depends on days worked, not on confirmation, so a probationer or fixed-term employee who meets the condition is entitled to the maternity benefit. Her probation review can be rescheduled around the leave.

Is maternity leave paid by the employer or ESI?

It depends on coverage. For employees covered under ESI, the maternity benefit may be paid through ESI, and the employer helps her claim it. For employees outside ESI, the employer pays. Check ESI applicability for each employee before her leave starts.

Can maternity leave be extended?

Yes. The employee can extend her time off by adding earned leave, sick leave or leave without pay with approval, and applicable law provides additional leave in certain cases, such as illness arising out of pregnancy. The policy should explain how extension requests are made and who approves them.