Maternity Benefit Act 1961 Calculator (India)

The Maternity Benefit Act 1961 is the central Indian law that regulates the employment of women in factories, mines, plantations, shops, and establishments before and after childbirth. The 2017 amendment significantly expanded benefits, increasing paid maternity leave from 12 weeks to 26 weeks for the first two children. It also introduced provisions for adoptive mothers, commissioning mothers (surrogacy), crèche facilities for organizations with 50+ employees, and work-from-home options post-leave.

Three conditions must all be met: (1) Your employer has 10 or more employees. (2) You have worked at least 80 days in the last 12 months for this employer. (3) Your work is not specifically excluded from the Act (the Act covers most factories, shops, IT companies, hospitals, schools). If all three apply, you are eligible. Government employees (central and state) have their own maternity rules typically more generous. Self-employed and domestic workers are not covered but can claim PMMVY.

No. Dismissal of a woman during pregnancy or maternity leave is illegal under Section 12 of the MB Act 1961. The employer cannot reduce your wages, terminate your employment, or alter your service conditions because of pregnancy. Even if there is a genuine downsizing happening, women on maternity leave must be the last to be considered. Wrongful dismissal during pregnancy or leave is punishable by 3 months to 1 year imprisonment plus fine up to ₹5,000 for the employer.

Yes. The MB Act requires payment of the 'average daily wage' for the entire 26 weeks. Average daily wage is calculated based on your earnings (basic + DA + retaining allowance, but not bonus or HRA) in the 3 months before the date you go on leave. So if you earn ₹35,000/month base salary, you receive ₹35,000/month during all 26 weeks of leave. Some employers also pay other allowances during leave (depends on company policy). Statutory minimum is the average daily wage. The amount is taxable as regular salary.

Up to 8 weeks before your expected delivery date. The remaining 18 weeks are taken after delivery. So if your due date is October 1, you can start leave as early as August 6. Many women start 4-6 weeks before due date depending on their work and health. Inform your employer with a written application at least 8 weeks before starting leave. Include your due date and expected start date. Provide a medical certificate from a registered medical practitioner. Employer cannot refuse a valid request.

The 2017 amendment introduced a work-from-home option, but it is mutually agreed, not mandatory. The employer should consider it for the nature of work assigned and other relevant conditions. If your job can be done remotely (IT, content writing, customer service, accounts), most employers now agree. Discuss with HR before going on leave. Get the WFH agreement in writing including duration, hours, and any change in role. Many companies offer staggered return to work. Start with 3 days office, 2 days home, then transition fully.

No. The 26-week paid leave is only for the first and second living children. For the third child onwards, you get 12 weeks of paid leave under MB Act. This rule exists to align with India's family planning policy. However, if you have an adopted child or are a commissioning mother (surrogacy), you get 12 weeks regardless of whether it is your first, second, or third child. Twins are counted as one delivery for the 26-week rule (so first child being twins = 26 weeks, second pregnancy being singleton = 26 weeks).

Companies with 50+ employees must provide a crèche facility under the 2017 amendment. The facility should be within a reasonable distance (within the establishment or nearby). The mother is allowed up to 4 visits per day to the crèche during work hours. Many companies provide this free, others charge a nominal monthly fee. The Act says the facility should be free, but enforcement varies. If your company has 50+ employees and no crèche, you can file a complaint with the Inspector under MB Act through your state's labour department.