Maternity Benefit (Amendment) Act, 2017

Maternity Leave & Paid Wage Calculator India

Calculate your legally guaranteed paid leave duration, 100% gross wage continuation, ₹3,500 medical bonus, and creche entitlements under the statutory Indian Maternity Benefit Act.

Quick Statutory Summary: Maternity Benefit Entitlement in India

Under the Maternity Benefit (Amendment) Act, 2017, female employees in India who have worked for at least 80 days in the preceding 12 months are entitled to 26 weeks (182 days) of 100% fully paid leave for their first two surviving children (12 weeks for 3+ children or adoption), paid at their full average daily gross wage rate with strict statutory protection against salary deductions or termination.

Maternity Benefit (Amendment) Act, 2017
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1. Salary & Statutory 80-Day Eligibility

₹
₹15,000₹4,00,000

Average daily wage is computed on gross wages (Basic + DA + HRA + Special Allowance) earned per calendar month.

days
10 days365 days

Section 5(2) statutory rule: Must have worked for at least 80 days in the 12 months preceding delivery.

2. Establishment Details & Leave Timing

staff
5 staff500 staff

The Act applies to establishments with 10+ employees. Mandatory creche facility applies to firms with 50+ employees (Section 11A).

weeks
0 weeks8 weeks

Maximum statutory pre-delivery leave allowed is 8 weeks. Balance (18 weeks) is availed post-delivery.

If unchecked, employer is legally obligated to pay a statutory Medical Bonus of ₹3,500 under Section 8.

Official Statutory Payout100% Wage Protection
Total Gross Maternity Payout
₹₹5,13,500

Equivalent to 100% paid leave for 26 weeks (182 calendar days).

Total Paid Leave Duration:26 Weeks (182 Days)
Estimated Daily Wage Rate:₹₹3,269 / day
Gross Maternity Wages:₹₹5,10,000
Section 8 Medical Bonus:₹₹3,500
Total Cash Entitlement:₹₹5,13,500
Total Payout₹₹5,13,500
26 Weeks Gross Maternity Wages
₹5,10,000(99.3%)
Section 8 Medical Bonus
₹3,500(0.7%)
Mandatory Rights & Workplace Entitlements
Job Protection (Sec 12)
Creche Mandate (50+ Staff)
2 Daily Nursing Breaks
WFH Mutual Option
Statutory Provision:
Section 5(3): 26 Weeks for First Two Surviving Children
Statutory Framework

How Maternity Leave & Wage Payouts Work in India

India boasts one of the most progressive maternity protection regimes in the world following the 2017 amendment. Applicable to all factories, mines, plantations, IT firms, startups, and private commercial establishments employing 10 or more people, the law guarantees full wage continuity during childbearing.

1. Leave Duration

26 full weeks (182 days) for up to 2 surviving children. Up to 8 weeks can be taken before the expected date of delivery, and the remaining 18 weeks taken post-childbirth.

2. 80-Day Rule

Under Section 5(2), you must have completed a minimum of 80 working days in the 12 months immediately preceding the expected delivery date with the current employer.

3. Non-Dismissal Protection

Section 12 makes it a criminal offense for any employer to terminate, dismiss, or downgrade a female employee during pregnancy or while she is on maternity leave.

Statutory Leave Durations & Eligibility by Event

Official leave windows prescribed under the Maternity Benefit Act, 1961 as amended:

Maternity Event CategoryPaid Leave DurationPre-Delivery CapStatutory Section
Delivery (First 2 Surviving Children)26 Weeks (182 Days)Up to 8 WeeksSection 5(3)
Delivery (3rd Surviving Child Onwards)12 Weeks (84 Days)Up to 6 WeeksSection 5(3) Proviso
Adoption (Child < 3 Months of Age)12 Weeks (84 Days)From Handover DateSection 5(4)
Commissioning Mother (Surrogacy)12 Weeks (84 Days)From Handover DateSection 5(4)
Miscarriage / Medical Termination (MTP)6 Weeks (42 Days)From Event DateSection 9
Tubectomy Operation2 Weeks (14 Days)From Operation DateSection 9A
Illness Arising from Pregnancy / DeliveryUp to 1 Additional MonthOn Medical CertificateSection 10
Realistic Worked Examples

Worked Case Studies in the Indian Corporate Sector

Case 1: IT Engineer in Bengaluru (₹95,000/mo)₹5,73,500 Total Payout

First Child Delivery (26 Weeks Paid Leave)

Priya is a Senior QA Engineer at a Bengaluru IT company with 180 employees. She earns a monthly gross salary of ₹95,000 and has worked at the firm for 2.5 years (260 working days in the last 12 months).

Statutory Eligibility:Met (>80 Days Worked)
Paid Leave Duration:26 Weeks (182 Calendar Days)
Gross Wage Continuation:₹95,000 × 6 Months = ₹5,70,000
Section 8 Medical Bonus:₹3,500
Total Financial Benefit:₹5,73,500 + Creche & Nursing Breaks
Case 2: 3rd Child Delivery (₹70,000/mo)12 Weeks Payout

Third Child Proviso Under Section 5(3)

Ananya has two school-going children and is expecting her third child. Under the 2017 amendment proviso, the statutory paid leave window is capped at 12 weeks.

Surviving Children:2 Existing (3rd Birth)
Paid Leave Duration:12 Weeks (84 Calendar Days)
Pre-Delivery Maximum:Up to 6 Weeks
Gross Wage Continuation:~₹1,93,800 + ₹3,500 Bonus
Job Protection:100% Protected Against Termination
Mandatory Creche & Nursing Break Guidelines

Under Section 11A, every company or office employing 50 or more employees (regardless of gender) must provide an operational creche facility within 500 meters of the office premises. Employers can either maintain an in-house facility or tie up with accredited daycares. Working mothers are entitled to four visits a day to the creche, and under Section 11, two nursing breaks during working hours until the child reaches 15 months of age.

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Frequently Asked Questions

Maternity Rights & Act Provisions FAQ

What is the statutory duration of paid maternity leave in India?

Under the Maternity Benefit (Amendment) Act, 2017, women employees are entitled to 26 weeks (182 calendar days) of 100% fully paid maternity leave for their first two surviving children. For a third surviving child or subsequent births, the statutory paid leave is 12 weeks (84 calendar days). For adoptive mothers adopting an infant under 3 months or commissioning mothers (surrogacy), the paid leave entitlement is 12 weeks.

What is the 80-day continuous service rule under Section 5(2)?

To be legally entitled to paid maternity benefits, a woman employee must have actually worked for at least 80 days in the 12 months immediately preceding the date of her expected delivery. The 80 days include days she was laid off or on paid leave under employment law.

How is maternity leave salary calculated in the private sector?

Under Section 5(1), maternity benefit is paid at the rate of the employee’s average daily wage for the period of actual absence. In the private corporate sector, this means the employee receives her full monthly gross salary (including Basic, HRA, and fixed allowances) for the entire 26-week (6-month) duration without deductions. It is not reduced to basic pay alone.

Can an employer terminate or fire a woman during pregnancy or maternity leave?

No. Section 12 of the Maternity Benefit Act strictly prohibits employers from discharging, dismissing, or giving notice of termination to a woman during her pregnancy or while she is on maternity leave. Any termination during this period is unlawful, and employers doing so are liable to criminal prosecution, fines, and imprisonment up to one year.

When is an employer required to provide a creche facility in India?

Under Section 11A of the Act, every establishment employing 50 or more employees must provide a creche facility within a prescribed distance (typically within 500 meters of the office). The employer must allow the mother four visits a day to the creche, including the interval for rest.