MATERNITY LEAVE AND PATERNITY LEAVE BENEFITS IN INDIA

AUTHOR – SOUNDARIYA PANDI S, SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – SOUNDARIYA PANDI S, MATERNITY LEAVE AND PATERNITY LEAVE BENEFITS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 531-542, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

   Maternity and paternity leave policies are crucial components of labour welfare and gender equality in modern India. This study examines the legal framework, benefits, and challenges associated with parental leave, with a primary focus on the Maternity Benefit Act, 1961 and the limited provisions for paternity leave. While maternity leave has significantly improved maternal health, child well-being, and job security for women, the absence of a comprehensive statutory paternity leave policy highlights a persistent gender imbalance in caregiving responsibilities. Drawing on comparative and empirical research, the paper argues that inclusive and gender-neutral parental leave policies can enhance workforce participation, promote shared parenting, and support socio-economic development. It concludes by emphasizing the need for policy reforms to ensure equitable and effective implementation across sectors in India. It also analyzes the impact of parental leave on maternal and child health, workforce participation, gender equality, and societal development, drawing insights from landmark judicial cases, policy analysis, and empirical research. Recommendations include expanding coverage to informal sectors, introducing statutory paternity leave, promoting workplace awareness, and aligning policies with international best practices. A robust and inclusive parental leave framework not only safeguards employees’ rights but also strengthens family welfare, gender equity, and overall social and economic development

KEY WORDS: Maternity Leave, Paternity Leave, Parental Benefits, Gender Equality, Child Development, Employee Welfare