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.
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.
1. Salary & Statutory 80-Day Eligibility
Average daily wage is computed on gross wages (Basic + DA + HRA + Special Allowance) earned per calendar month.
Section 5(2) statutory rule: Must have worked for at least 80 days in the 12 months preceding delivery.
2. Establishment Details & Leave Timing
The Act applies to establishments with 10+ employees. Mandatory creche facility applies to firms with 50+ employees (Section 11A).
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.
Equivalent to 100% paid leave for 26 weeks (182 calendar days).
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 Category | Paid Leave Duration | Pre-Delivery Cap | Statutory Section |
|---|---|---|---|
| Delivery (First 2 Surviving Children) | 26 Weeks (182 Days) | Up to 8 Weeks | Section 5(3) |
| Delivery (3rd Surviving Child Onwards) | 12 Weeks (84 Days) | Up to 6 Weeks | Section 5(3) Proviso |
| Adoption (Child < 3 Months of Age) | 12 Weeks (84 Days) | From Handover Date | Section 5(4) |
| Commissioning Mother (Surrogacy) | 12 Weeks (84 Days) | From Handover Date | Section 5(4) |
| Miscarriage / Medical Termination (MTP) | 6 Weeks (42 Days) | From Event Date | Section 9 |
| Tubectomy Operation | 2 Weeks (14 Days) | From Operation Date | Section 9A |
| Illness Arising from Pregnancy / Delivery | Up to 1 Additional Month | On Medical Certificate | Section 10 |
Worked Case Studies in the Indian Corporate Sector
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).
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.
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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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.