- 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. 2
- 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. 3
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. 2 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. 4
- Section 2(h), The Maternity Benefit Act, 1961.
- Section 5(1), The Maternity Benefit Act, 1961.
- Section 5(2), The Maternity Benefit Act, 1961.
- Explanation, Section 5(1), The Maternity Benefit Act, 1961.
- Section 8(1), The Maternity Benefit Act, 1961.