Maternity and Paternity Leave Act, 2023

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THE MATERNITY AND PATERNITY LEAVE ACT, 2023 
 
 
CONTENTS 
1. Short title, application and commencement 
2. Definitions 
3. Right to maternity leave 
4. Paternity leave 
5. Offence and punishment 
6. Act to override other laws 
7. Power to make rules 
8. Removal of difficulty 
 
 
 
 
 
 
 
 
 
 

 
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THE MATERNITY AND PATERNITY LEAVE ACT, 2023 
ACT NO. XXXI OF 2023 
[20th June, 2023] 
AN 
ACT 
to provide for the facility of maternity and paternity leave to the employees of public and private 
establishments under administrative control of the Federal Government 
WHEREAS, it is expedient to provide for the facility of maternity and paternity leave to the 
employees of public and private establishments under administrative control of the Federal 
Government and for the matters connected therewith and ancillary thereto; 
It is hereby enacted as follows:— 
1.  Short title, application and commencement.—(1) This Act shall be called the Maternity 
and Paternity Leave Act, 2023. 
(2)  It shall apply to all public and private establishments under administrative control of the 
Federal Government wherever they may be. 
(3) It shall come into force at once. 
2.  Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 
(a)    “child” for the purposes of this Act, means a child in the womb of a pregnant 
employee or wife of the male employee and includes a still-born; 
(b)    “employee” means any natural person who has for pay, wages or other benefits, 
entered into, or works under, a contract of service or apprenticeship on regular 
basis without limit of period with an employer whether by way of manual 
labour, clerical work or otherwise and whether the contract is expressed or 
implied, oral or in writing; 
(c)    “establishment” means any ministry, division, attached department, subordinate  
office,  executive  department,  public or  private organization, firm, corporation, 
autonomous or semi -autonomous body, body corporate, enterprise, company, 
industry, factory or such other, office or institution, by whatever name called 
for, and under administrative control of the Federal Government; 
(d)    “employer” includes Federal  Government  or any  ministry  or division or 
department or office of the Federal Government or anybody of persons whether 
incorporated or not, any managing agent of an employer and the legal 
representatives of a deceased employer and where the services of a workman 
are temporarily lent or let on hire to another person by the person with whom 
the workman has into a contract of service or apprenticeship and such other 
person having employed a workman working for him; and 
(e)    “prescribed” means prescribed by rules made under this Act. 
 
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3. Right to maternity leave.—(1) Maternity leave shall in the prescribed manner be granted 
on full pay outside the leave account to a female employee on her option to the extent of one hundred 
and eighty days on first birth, one hundred and twenty days on second birth and ninety days on third 
birth from the date of commencement thereof. 
(2)  Such maternity leave may not be granted for more than three time in the entire service of 
the female employee except when such leave is granted within her leave account due and admissible 
to her or as an extra ordinary leave without pay. 
4. Paternity leave.—(1) A male employee expecting his wife to give birth to a child shall, at 
his option, be granted paternity leave on full pay not exceeding  thirty  days  outside  his  leave  account  
from  the  date  of  its commencement. 
(2)  Such paternity leave may not be granted for more than three time s in the entire service of 
the male employee except when such leave is granted within his leave account due and admissible to 
him or as an extra ordinary leave without pay. 
5.  Offence and  punishment.—A  person  who  contravenes  any provision of this Act shall 
be deemed to have committed an offence punishable with imprisonment of either description for a 
term which may extend to six months or a fine which may extend to one hundred thousand rupees or 
with both. 
6. Act to override other laws.—The provisions of this Act shall have effect notwithstanding 
anything contained in any other law for the time being in force. 
7.  Power to make rules .—The Federal Government may, by  notification in the official 
Gazette, make rules to carry out the purposes of this Act. 
8.  Removal of difficulty.—If any difficulty arises in giving effect to any provision of this Act, 
the Federal Government may make such order not inconsistent, with the provisions of this Act as may 
be necessary to remove the difficulty. 
 
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RGN Date: 21-07-2025