Calculate your maternity leave and total pay under Indian law. Covers childbirth (26 or 12 weeks), adoption, surrogacy, miscarriage and tubectomy. FY 2026-27.
Maternity benefit = average daily wage × days of leave. A woman who worked 80 days in the 12 months before delivery gets 26 weeks (182 days) of paid leave for her first two children and 12 weeks after that. Example: ₹60,000 a month ÷ 26 days × 182 days = ₹4,20,000, plus a ₹3,500 medical bonus.
Sample values shown — change them to get your own number.
From 21 November 2025 maternity benefit is governed by Chapter VI of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961. The entitlements carried over from the 2017 amendment: 26 weeks for the first two children, 12 weeks for later children, and 12 weeks for adoptive and commissioning mothers. Every establishment with 10 or more employees must pay eligible women at their average daily wage during the leave.
| Situation | Leave Duration | Notes |
|---|---|---|
| Childbirth: 1st or 2nd child | 26 weeks (182 days) | Up to 8 weeks may be taken before expected delivery date |
| Childbirth: 3rd or later child | 12 weeks (84 days) | Up to 6 weeks before delivery date |
| Adoption (child below 3 months) | 12 weeks (84 days) | Counted from the date child is handed over to adoptive mother |
| Commissioning Mother (Surrogacy) | 12 weeks (84 days) | Counted from the date child is handed over |
| Miscarriage / Medical Termination | 6 weeks (42 days) | From the day after the miscarriage or termination, on proof |
| Tubectomy Operation | 2 weeks (14 days) | From the date of the operation |
Maternity benefit is paid at the average daily wage for each day of leave. The average daily wage is the average of the wages payable for the days you actually worked in the 3 calendar months before your leave starts. For a stable monthly salary:
| Step | Working | Result |
|---|---|---|
| 1. Average daily wage | ₹60,000 ÷ 26 days worked | ₹2,308 |
| 2. Leave days | 26 weeks × 7 | 182 days |
| 3. Maternity benefit | ₹2,307.69 × 182 | ₹4,20,000 |
| 4. Medical bonus | No free pre- and post-natal care from employer | ₹3,500 |
| 5. Total | ₹4,20,000 + ₹3,500 | ₹4,23,500 |
Many salaried employers simply keep paying the normal monthly salary for six months (₹3,60,000 here). That can be less than the statutory figure for a 6-day-week worker, so compare the two. On a 5-day week (about 22 days worked), the daily wage is higher still.
If the employer does not provide free pre-natal and post-natal care, the employee is entitled to a medical bonus of ₹3,500, or a higher amount if the Central Government notifies one under the Code on Social Security, 2020. It is paid in addition to maternity pay.
An employer cannot discharge or dismiss a woman during her maternity leave or because of it, and cannot change her conditions of service to her disadvantage. Doing so is an offence under the Code. For employers, planning cover early helps: a short-term hire or internal backfill can be lined up before the leave starts, and an applicant tracking system keeps that pipeline organised.
26 weeks for the first or second child, of which up to 8 weeks can be taken before the expected delivery. 12 weeks for the third or later child. Adoptive mothers of a child below 3 months and commissioning mothers get 12 weeks from the day the child is handed over.
A woman who has worked for at least 80 days in the 12 months immediately before her expected delivery date, in an establishment with 10 or more employees. Since 21 November 2025 these rules sit in Chapter VI of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961.
Maternity benefit = average daily wage × days of leave. The average daily wage is the wages for the days you worked in the 3 calendar months before your leave, divided by those days. For a salary of 60,000 rupees and 26 working days a month, that is about 2,308 rupees a day, or 4,20,000 rupees for 182 days.
If the employer does not provide free pre-natal and post-natal care, the woman is entitled to a medical bonus of 3,500 rupees or a higher amount if the Central Government notifies one under the Code on Social Security, 2020.
Yes, if she is employed in a covered establishment and meets the 80-day condition. The benefit does not depend on being permanent. Fixed-term and contract staff whose engagement ends during the leave should check how their contract and the employer's policy treat the remaining period.
Maternity pay from your employer is part of your salary, and the Income-tax Act, 2025 has no specific exemption for it, so expect it to be taxed and TDS to be deducted as usual. Check the tax treatment of an ESIC cash benefit with a tax adviser.
If your wages are 21,000 rupees a month or less under the Code's wage definition and you are insured under ESI, ESIC pays the maternity benefit directly at full wages, not the employer. You need contributions for at least 70 days in the two preceding contribution periods.
No. An employer cannot discharge or dismiss a woman during or on account of her maternity leave, or change her conditions of service to her disadvantage. If this happens, complain to the Inspector-cum-Facilitator for your area.
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Disclaimer: This calculator is for informational purposes only and is not legal or financial advice. Rules based on Chapter VI of the Code on Social Security, 2020, in force from 21 November 2025.
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