Salary during Maternity Leave

Last updated on Jun 22, 2022

Employers have to pay women for the period during which they are absent from work as a result of their pregnancy. This is known as a maternity benefit. (( Section 2(h), The Maternity Benefit Act, 1961.))

  • An employer has to pay you for a period starting from the day of your delivery to six weeks afterwards. This period also includes the day of the  delivery. (( Section 5(1), The Maternity Benefit Act, 1961.))
  • However, you can only enjoy such benefits if you have worked for that employer for a minimum of 80 days in the last 12 months before your delivery. (( Section 5(2), The Maternity Benefit Act, 1961.))

Calculating Payment Amount/Average Wages

During this period of pregnancy, employers have to pay you the maternity benefit in the form of an average daily wage. (( Section 5(1), The Maternity Benefit Act, 1961.)) The calculation for the average daily wage is based upon the average of your wages for the 3 months before the date on which you start your pregnancy leave. The following  aspects are considered while calculating wages:

  • To calculate the number of days a woman has worked in the 3 months before the pregnancy leave, the employer will also consider the days for which the woman was fired or laid-off or on a holiday with wages.
  • If the calculation given above is not possible, the wage amount is considered to be 10 rupees per day. Even if calculation is possible, the higher amount out of the two is paid to the woman. (( Explanation, Section 5(1), The Maternity Benefit Act, 1961.))

Medical Bonus

If you did not take time off before your delivery and your employer does not provide free post-natal care,  you are also entitled to receive a medical bonus of 1000 rupees from your employer. (( Section 8(1), The Maternity Benefit Act, 1961.))

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September 12, 2022

Hi, I’m Anitha working in private company. I’m under ESIC leave I’m not getting monthly wages from ESIC. They asked me to come and collect my salary after 6 months. But now my situation is very bad if start work now will i get salary after 6 months. Which I have get from ESIc


September 12, 2022

I’m planning to start my work in same company.But i dont know weather I will get my meternity benifit (salary)after six months. If I start work.can u please tell me


May 7, 2024

Ny sister is a CA, as she was agreed to work from home at 75% of her full salary before her delivery of a child. Now at the time of claiming of maternity benefits, employer is only considering 75% of total salary amount which was drawn before 6 weeks of delivery.
As per law, it’s been interpreted that full amount of wages to be provided as maternity benefits.
Can she ask employer for providing maternity benefits of 100% Salary for 26 weeks?
If employer denies giving benefit as per given proviso of the Act, what legal course can be initiated?

Please guide

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Related Resources

How to claim Maternity Benefits?

The employer must pay you your maternity benefit before your delivery. Give your employer a written notice of the same.

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.

Workplaces with Maternity Benefits

Maternity Benefits under law are applicable to almost all government and private establishments and offices.

Maternity Benefit in case of death of a Woman

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy.

Fired during Maternity Leave

You cannot be dismissed or fired, conditions of work altered, etc by your employer during or due to your maternity leave.