26 weeks · 2026
Maternity Benefit Calculator: 26 Weeks Leave and Pay Under the Code on Social Security: This free maternity benefit calculator works out:
- your maternity leave dates: when leave can start, when it ends and when you are back at work;
- the maternity benefit amount at your average daily wage;
- the ₹3,500 medical bonus;
- whether you qualify, and whether your employer or ESIC pays.
It covers 26 weeks for the first two children, 12 weeks for a third child, adoption and surrogacy, and leave for miscarriage and tubectomy, under the Code on Social Security, 2020.
Maternity Benefit Formula
Example (calculator default): expected delivery 15 January 2027, gross ₹60,000, Basic + DA ₹24,000, 78 days worked in the last 3 months, 240 days worked in the last 12 months.
| Item | Working | Result |
|---|---|---|
| Leave starts (8 weeks before delivery) | 15 Jan 2027 − 56 days | 20 Nov 2026 |
| Leave ends (26 weeks) | 20 Nov 2026 + 182 days − 1 | 20 May 2027 |
| Wages (50% rule) | Basic + DA ₹24,000 is below half of ₹60,000 | ₹30,000 |
| Average daily wage | 30,000 × 3 ÷ 78 | ₹1,154 |
| Maternity benefit on wages | 1,153.85 × 182 | ₹2,10,000 |
| On full gross (if paid by policy) | 60,000 × 3 ÷ 78 × 182 | ₹4,20,000 |
| Medical bonus | No free pre- and post-natal care | ₹3,500 |
Because average daily wage is worked out on days actually worked, 26 weeks of benefit equals 7 months' wages when you work 26 days a month.
Maternity Leave Under the Code on Social Security
| Situation | Leave with benefit | Before delivery |
|---|---|---|
| Birth: first or second child | 26 weeks | Up to 8 weeks |
| Birth: two or more children living | 12 weeks | Up to 6 weeks |
| Adoption, or commissioning mother (surrogacy) | 12 weeks from the date the child is handed over | Not applicable |
| Miscarriage or medical termination of pregnancy | 6 weeks from the day after | Not applicable |
| Tubectomy | 2 weeks from the day after the operation | Not applicable |
| Illness arising out of pregnancy, delivery, premature birth, miscarriage or MTP | Up to 1 more month | Not applicable |
These rules are in Chapter VI of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961 on 21 November 2025.
Who Is Eligible for Maternity Benefit?
A woman must have actually worked for at least 80 days for the employer in the 12 months immediately before her expected delivery (Section 60(2)). Days of lay-off and paid holidays in that period count as days worked. Eligibility does not depend on salary level, type of job, or whether she is permanent, contractual or on probation. The Supreme Court held in Dr Kavita Yadav (2023) that maternity benefit continues beyond the end date of a fixed-term contract.
Which Wages Are Used: Labour-Code Wages or Full Salary?
The Code pays maternity benefit at the average daily wage, which is the average of wages for the days actually worked in the three calendar months before leave starts. It cannot be lower than the minimum wage under the Code on Wages.
"Wages" under the labour codes are Basic + DA + retaining allowance, with items such as HRA left out. If the left-out items are more than half of total pay, the excess is added back, so wages are at least 50% of gross. Under the old Maternity Benefit Act, HRA and special allowance were not excluded, so the statutory amount on a salary with a low Basic can now be lower.
Many employers continue to pay full salary during maternity leave under their policy. The calculator shows both figures: on labour-code wages (the legal minimum) and on full gross.
Who Pays: Employer or ESIC?
If you are covered under ESI and have paid contributions for at least 70 days in the two preceding contribution periods, ESIC pays maternity benefit instead of the employer. Until you qualify for the ESI benefit, the employer remains liable under Section 61 of the Code. ESI applies when wages are ₹21,000 a month or less; check with the ESI calculator.
Medical Bonus, Nursing Breaks, Crèche and Work From Home
- Medical bonus: ₹3,500 if the employer does not provide free pre-natal confinement and post-natal care (Section 64).
- Nursing breaks: two breaks a day until the child is 15 months old, each of 15 minutes plus up to 15 minutes to reach the crèche, with no cut in wages (Section 66; Rule 36).
- Crèche: required where 50 or more employees work, within 1 km, with four visits a day. Under Rule 37, a crèche allowance of at least ₹500 a month per child, for up to two children, can be agreed instead.
- Work from home: after the benefit period, if the nature of work allows and on terms agreed with the employer (Section 60(5)).
- No dismissal: a woman cannot be dismissed or discharged during maternity leave, and her pay conditions cannot be changed to her disadvantage.
Adoption and Surrogacy: 12 Weeks
A woman who legally adopts a child, or a commissioning mother, gets 12 weeks of maternity benefit from the date the child is handed over. The Code originally limited adoption leave to children below three months; the Supreme Court struck down that age limit in Hamsaanandini Nanduri v. Union of India (2026), so it now applies to adoption of a child of any age.
Is Maternity Benefit Taxable?
Maternity benefit paid by the employer is part of salary and is taxed at your slab rate in your chosen regime, with TDS by the employer. Use the TDS on salary calculator to see the tax for the year.
How to Use This Maternity Benefit Calculator
- Choose the type of leave: first or second child, two or more children living, adoption or surrogacy, miscarriage or MTP, or tubectomy.
- Open Dates: enter the expected delivery date (or handover, miscarriage or operation date), when you want leave to start, and any illness leave.
- Open Eligibility: enter days worked in the last 12 months and whether ESIC covers you.
- Open Salary: enter gross and Basic + DA, days worked in the last 3 months, and whether your employer gives free medical care.
- Read your leave dates, average daily wage, benefit on wages and on full gross, medical bonus, and who pays.
Frequently Asked Questions
How is maternity benefit calculated?
Average daily wage × days of leave. The average daily wage is wages for the last 3 calendar months ÷ days actually worked. On ₹30,000 a month and 78 days worked, 26 weeks pays 30,000 × 3 ÷ 78 × 182 = ₹2,10,000.
How many weeks of maternity leave are allowed in India?
26 weeks for the first two children, with up to 8 weeks before delivery. 12 weeks for a woman with two or more children living, and 12 weeks for adoption or surrogacy.
Who is eligible for maternity benefit?
A woman who has actually worked at least 80 days for the employer in the 12 months before the expected delivery date, whatever her salary or type of employment.
When can maternity leave start?
Up to 8 weeks before the expected delivery date for the first two children, and up to 6 weeks before for a third child. The rest of the leave is taken after delivery.
What is the medical bonus under maternity benefit?
₹3,500, paid if the employer does not provide free pre-natal and post-natal care, under Section 64 of the Code on Social Security, 2020.
Is maternity benefit paid on full salary or basic?
The law uses wages under the labour codes: Basic + DA, but not less than 50% of total pay. Many employers pay full salary by policy. The calculator shows both amounts.
Does ESIC pay maternity benefit?
Yes, if you are covered under ESI and have at least 70 days of contributions in the two preceding contribution periods. Until then, your employer pays.
How much maternity leave is given for adoption?
12 weeks from the date the child is handed over. After the Supreme Court's 2026 ruling in Hamsaanandini Nanduri, the earlier condition that the child be below 3 months no longer applies.
How much leave is allowed for miscarriage?
6 weeks of leave with wages from the day after the miscarriage or medical termination, plus up to 1 month more for illness arising from it, on a medical certificate.
Can an employer terminate a woman during maternity leave?
No. Dismissal or discharge during maternity leave is not allowed, and her conditions of service cannot be changed to her disadvantage during that time.