Maternity Leave Incentive Scheme 2026 - Status of 26-Week Paid Leave for Women Employees

Maternity Benefit (Amendment) Act, 2017 gives women employees 26 weeks of paid leave in government and private jobs, and Ministry of Labour & Employment under Central government confirmed in 2023 that this rule is being followed across the country. Every factory, mine, plantation, shop or establishment with 10 or more workers has to follow it.

Note for readers: separate Maternity Leave Incentive Scheme, under which the government had planned to reimburse 7 weeks of wages to private employers hiring women workers earning up to ₹15,000 a month, has not been formally notified. This scheme has stayed at proposal stage since 2018, and no fresh announcement about its launch has come up till 2026. Only the 26-week paid leave rule under Maternity Benefit Act is a running law that every eligible establishment must follow, and that part has not changed.

Maternity Benefit Act, 1961 originally gave women 12 weeks of paid leave. Amendment Act of 2017 raised this to 26 weeks, of which not more than 8 weeks can be taken before the expected delivery date. Women who already have two or more surviving children get only 12 weeks of paid leave, though.

Maternity Leave Incentive Scheme 2026 Overview

Proposed incentive scheme was meant to fix a real problem. Reports had pointed out that private companies were avoiding hiring women, or letting them go before maternity leave, because employers had to bear the full cost of 26 weeks pay on their own. Ministry of Labour & Employment wanted to reimburse 7 weeks of wages for women workers earning up to ₹15,000 a month, and had estimated a cost of around ₹400 crore for this support. Budget approval for the plan never came through, and the scheme has stayed stuck since the original clarification in 2018.

Meanwhile, Code on Social Security, 2020 also carries provisions for 26 weeks of paid maternity leave, along with mandatory creche facility in establishments having 50 or more employees. These labour codes have not been notified across all states yet, so Maternity Benefit Act, 1961 remains the operating law for maternity leave as of 2026.

Detail	Information
Paid Leave Rule	26 weeks under Maternity Benefit (Amendment) Act, 2017
Launched By	Ministry of Labour & Employment, Government of India
Applicable To	Factories, mines, plantations, shops and establishments with 10 or more workers, government and private both
Leave Before Delivery	Up to 8 weeks out of the 26 weeks
Leave for Third Child Onward	12 weeks
Proposed Employer Incentive	7 weeks wage reimbursement for women earning up to ₹15,000/month, not yet notified
Estimated Cost of Incentive Scheme	Around ₹400 crore (proposal stage)
Official Website	labour.gov.in

Who Gets 26 Weeks Paid Leave

Coverage under Maternity Benefit Act is fairly wide, but a few conditions decide who actually gets the full 26-week benefit. Points below explain this in simple terms.

• Women employed in any factory, mine, plantation, shop or establishment with 10 or more workers get 26 weeks of paid leave for up to two children.
• Women who already have two or more surviving children get 12 weeks of paid leave instead of 26 weeks.
• Adopting mothers of a child below 3 months and commissioning mothers get 12 weeks of paid leave from the date the child is handed over.
• Establishments with 50 or more employees must provide a creche facility, and mothers can visit the creche four times a day, including rest breaks.

Work From Home and Other Benefits

Section 5(5) of Maternity Benefit Act allows an employer and woman employee to mutually agree on work from home after the 26-week leave ends, if the nature of work permits it. Employers also cannot dismiss or vary the service conditions of a woman on maternity leave to her disadvantage. Employers must also inform every new woman employee, in writing, about maternity benefit rules at the time of appointment.

Why Incentive Scheme Has Not Moved Forward

Ministry had clarified in 2018 that reports about the incentive scheme being approved or notified were incorrect, and that it required budgetary grant along with approvals from competent authorities. No official update after that has confirmed its launch. Employers are also not funding it through any labour welfare cess, contrary to some reports at the time. For now, private establishments must bear the cost of 26-week paid leave on their own, same as before.

Related Support for Pregnant Women

Women who are not covered under Maternity Benefit Act, such as those working in the unorganised sector, can check Pradhan Mantri Matritva Vandana Yojana (PMMVY), which gives cash support for the first living child through the local Anganwadi Centre.

FAQ's

Is Maternity Leave Incentive Scheme launched in 2026?

No. Scheme to reimburse 7 weeks of wages to private employers remains a proposal since 2018, and no notification confirming its launch has come out till 2026.

How many weeks of paid leave can a woman employee take?

Women get 26 weeks of paid leave for the first two children, and 12 weeks from the third child onward, under Maternity Benefit Act, 1961.

Which establishments must follow this rule?

Any factory, mine, plantation, shop or establishment employing 10 or more persons, in government or private sector, must give this paid leave to women employees.

Can a woman work from home after maternity leave ends?

Yes, if her work allows it and her employer agrees, she can work from home for a mutually decided period after the 26-week leave is over.

Source / Reference Link: https://pib.gov.in/Pressreleaseshare.aspx?PRID=1553017