One of the most searched questions by working mothers today is:
Is work from home a legal right in India after maternity?

The technical answer is No.
But the complete picture matters — especially for women returning to work after maternity leave in India.

This blog explains what the law does and does not guarantee, so working moms know exactly where they stand.

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Is Permanent Work From Home a Legal Right in India?

No. In India, permanent Work From Home (WFH) is not a legal right for working mothers.

Under Section 5(5) of the Maternity Benefit Act, 1961, an employer may allow a woman to work from home after maternity leave if the nature of work permits, and on mutually agreed terms.

The wording of the law is important.
It uses “may”, not “shall.”

This means:

• A working mom can request WFH
• An employer can legally refuse
• Refusal of WFH does not violate maternity rights in India

Work from home depends on company policy, role feasibility, and negotiation — not entitlement.

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What Are the Legal Rights of Working Mothers in India?

While WFH is discretionary, certain maternity rights for working women in India are mandatory by law.

Crèche Facility for Working Mothers

Under Section 11A of the Maternity Benefit Act, every establishment with 50 or more employees must provide access to a crèche facility, either on-site or through a shared arrangement.

A working mother is also entitled to:

• 4 crèche visits per day
• including her rest interval

This applies when women are returning to work after maternity leave and is a legal obligation, not a benefit.

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Nursing Breaks at Work

Under Section 11, a woman is entitled to paid nursing breaks until her child completes 15 months of age.

These breaks:

• are mandatory
• are paid
• are in addition to regular breaks
• cannot be denied or adjusted against salary

These are core rights of working mothers after childbirth.

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Understanding the Difference: Request vs Right

This distinction is crucial for every working mom:

• Work From Home → a request, not a right
• Crèche facility → a legal right (subject to eligibility)
• Nursing breaks → a legal right

You may not always get flexibility.
But you are entitled to workplace support guaranteed by law.

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Why Working Moms Need This Clarity

Many women:

• assume WFH denial means they have no rights
• leave jobs believing the system offers no support
• don’t know their women workplace rights in India

The problem isn’t the absence of law —
it’s the absence of awareness.

Supporting working mothers is not a favour.
It is statutory responsibility.

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Final Takeaway

You may not be able to demand permanent WFH.
But you can demand your legal rights at work.

Flexibility may be negotiable.
Your rights are not.

If you’re a working mom — or know one — share this.
Because knowing your rights changes everything.