Tamil Nadu Restores 365-Day Maternity Leave For Third Child; Women With More Than Three Children to Get 12 Weeks

Chennai: In a significant policy decision, the Tamil Nadu government has extended 365 days of fully paid maternity leave to women government employees for their third child, while those with more than three children will be eligible for maternity leave of up to 12 weeks.

The revised policy comes against the backdrop of a continuing decline in fertility rates across southern India, particularly Tamil Nadu, where the Total Fertility Rate (TFR) has remained well below the replacement level of 2.1 children per woman.

The Tamil Nadu Human Resources Management Department issued a government order on Monday implementing an announcement made by Human Resources Management Minister D Sarathkumar in the Tamil Nadu Legislative Assembly earlier this month.

The revised provisions will take effect from August 25, 2026.

Third Child Now Eligible For One Year Of Paid Maternity Leave

Under the latest order, married women government employees, whether in permanent or temporary service, will be entitled to 365 days of maternity leave with full pay for their third child.

The government had earlier provided 365 days of maternity leave for women employees with up to two children.

However, following an amendment made in March 2026, maternity leave for women employees with two or more surviving children was restricted to a maximum of 12 weeks.

The latest government order reverses that position in respect of the third child.

The order states that the maternity leave period may be divided between pre-natal and post-natal leave, depending on the preference and requirement of the woman employee.

Benefit Extended To Employees Already On Leave

The revised benefit will also apply to women government employees who had proceeded on maternity leave for their third child before August 25, provided they remained on continuous leave on or after that date.

Such employees will be eligible to avail maternity leave for a total period of up to 12 months, or 365 days, with full pay.

The government said the necessary amendments to the Tamil Nadu Fundamental Rules, 1922, have been published in the Official Gazette.

What about women with more than three children? Under the amended Fundamental Rule 101(a), a married woman government employee with up to three children will be eligible for maternity leave of up to 365 days.

Women government employees with more than three children, however, will be eligible for fully paid maternity leave for a period not exceeding 12 weeks, according to the revised provisions.

Revised Maternity Leave Structure

• Up to three children: Up to 365 days of maternity leave with full pay.
• More than three children: Up to 12 weeks of maternity leave with full pay.
• Third child: Specifically restored to the 365-day maternity leave benefit.
• Effective date: August 25, 2026.

A Policy Reversal Within Months

The decision marks a significant reversal of the government's March 2026 policy.

The state had earlier amended the maternity leave provisions, limiting the benefit to 12 weeks for women government employees with two or more surviving children.

The issue subsequently generated debate after legal challenges and questions over the applicability of maternity benefits for women having a third child.

During the demand for grants for 2026-27 on August 18, Human Resources Management Minister D Sarathkumar announced that maternity leave for the third child would be increased from 12 weeks to 365 days.

The latest government order formally implements that announcement.

Tamil Nadu's Fertility Rate Is Falling

The policy decision comes at a time when demographic trends have become an increasingly important issue for Tamil Nadu and other southern states.

The Total Fertility Rate (TFR) refers to the average number of children a woman is expected to have during her lifetime.

A TFR of approximately 2.1 children per woman is generally considered the replacement level required for a population to replace itself over the long term, excluding migration.

India as a whole reached a TFR of 2.0 in NFHS-5 (National Family Health Survey 2019-21), meaning the country had fallen below the replacement level.

Tamil Nadu has been below the replacement level for several years.

According to NFHS-5 data for 2019-21, Tamil Nadu's TFR was 1.8 children per woman, compared with the replacement level of 2.1. The state's urban TFR was even lower, at 1.6, while the rural rate stood at 1.9.

More recent Sample Registration System-based data for 2023 showed Tamil Nadu's TFR falling further to around 1.3, among the lowest rates recorded among major Indian states. Kerala and Karnataka were at 1.5, while Andhra Pradesh and Telangana were also at around 1.5.

South Faces A Different Challenge

For decades, India's population debate focused primarily on controlling high fertility and rapid population growth. However, the demographic challenge is changing, particularly in southern and western India.

States such as Tamil Nadu, Kerala, Karnataka, Telangana and Andhra Pradesh have experienced sustained declines in fertility because of several factors, including:

• Higher levels of female education
• Greater urbanisation
• Later marriages
• Increased participation of women in higher education and employment
• Better access to contraception and family planning
• Higher costs of raising and educating children
• Changing social aspirations among younger families

NFHS (National Family Health Survey) data has shown that most southern states have remained below the replacement fertility level, raising longer-term concerns relating to population ageing, a shrinking working-age population and increasing pressure on social security and healthcare systems.

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