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Research Paper Volume 8 Issue 3 1457 - 1465 May 22, 2025

Maternity Leave in the Workplace: Supporting Working Mothers in India

Lead author · Corresponding
Dr Munish Swaroop
Assistant Professor at ICFAI Law School, IFHE, Hyderabad, India
Co-author
Anmol Tibrewal
PhD Scholar at ICFAI Law School, IFHE, Hyderabad, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119846
Abstract

The involvement of women holds substantial importance in all workplace settings, and it is crucial for every Indian woman entering motherhood to be well-versed in the legal provisions safeguarding maternity rights. The Maternity Benefit Act governs the employment conditions of women in various establishments before and after childbirth. This study delves into the Act's application in India, providing an outline of the prerequisites for availing maternity leave. Additionally, it thoroughly explores the uncertainty surrounding surrogate mothers' eligibility for maternity leave in India. Furthermore, the paper examines whether maternity leave in India is compensated or not and whether there exists the possibility for a woman to extend her maternity leave beyond the legally mandated period. The paper also addresses employers' responsibilities in complying with the Maternity Benefit Act, including penalties for violations. The Maternity Benefit (Amendment) Act of 2017 aims to secure maternity benefits and other related entitlements, enabling pregnant women to sustain their careers while experiencing a safe, healthy, and peaceful period with their families during maternity leave. In essence, it is concluded that women in the workforce should be well-informed about their entitlements concerning motherhood rights within their working environment.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1457 - 1465
DOI: https://doij.org/10.10000/IJLMH.119846
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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