ViniOffice

Maternity Leave Calculator

Work out maternity leave dates and benefit: 26 weeks for the first two children, 12 for a third, 12 for adoption or a commissioning mother, six for a miscarriage — with 80 days of prior service required.

Free · No sign-up · Nothing leaves your browser · Figures reviewed 22 September 2026

Your details

Or the date of adoption, or of the miscarriage.

The 26-week entitlement covers the first two children. From the third it is 12 weeks.

No more than eight on the 26-week entitlement, or six on the 12-week one.

80 days with this employer is the eligibility threshold.

₹

Optional — shows the benefit amount. Paid at the average daily wage for the preceding three months.

Maternity leave

26 weeks

20 November 2026 to 20 May 2027 — 182 calendar days.

The entitlement

Weeks
26 weeks
Taken before deliveryNo more than eight weeks may be taken before the expected delivery date
8 weeks
Remaining after delivery
18 weeks
Leave starts
20 November 2026
Leave ends
20 May 2027

Twenty-six weeks, for the first or second child.

What else applies

Nursing breaksUntil the child is 15 months old, in addition to the usual rest interval
Two a day
Creche facilityWith four visits a day allowed, including the rest interval
50 or more employees
Work from homeAfter the leave ends, where the nature of the work allows it
By agreement
Protection from dismissalDismissal during or because of maternity leave is prohibited
Yes

Maternity benefit sits under the Code on Social Security, which repealed the Maternity Benefit Act 1961. Entitlements carried over, but the rules and who bears the cost — employer or ESI — should be confirmed against the current notification.

Where the employee is covered by ESI, maternity benefit is generally paid by ESIC rather than the employer, and the two routes have different qualifying conditions.

Maternity benefit now sits under the Code on Social Security. The figures here reflect the entitlements as they stand, but this is not legal advice — confirm against the current notification before applying them.

Maternity benefit in India is 26 weeks of paid leave for the first two children, of which no more than eight may be taken before the expected date of delivery. From the third child it is 12 weeks. Adoption of a child under three months and commissioning motherhood carry 12 weeks from the date the child is handed over.

Eligibility is 80 days of work with the employer in the twelve months before the expected delivery date. Below that there is no statutory entitlement, though an employer may grant leave as a matter of policy.

What comes with the leave

A medical bonus of ₹3,500 where the employer provides no free pre-natal and post-natal care. Two nursing breaks a day until the child is fifteen months old, on top of the usual rest interval. A creche facility where the establishment has fifty or more employees, with four visits a day allowed.

Work from home after the leave ends, where the nature of the work allows it and both sides agree. And protection from dismissal — dismissing someone during or because of maternity leave is prohibited.

Who pays

Where the employee is covered by ESI, maternity benefit is generally paid by ESIC rather than by the employer, and the qualifying conditions differ from the general ones.

Maternity benefit now sits under the Code on Social Security, which repealed the Maternity Benefit Act 1961. The entitlements carried over, but confirm the rules and the cost-bearing position against the current notification before acting on them.

Frequently asked questions

How many weeks of maternity leave are allowed in India?
26 weeks for the first two children, of which no more than eight may be taken before the expected delivery date. From the third child it is 12 weeks. Adoption of a child under three months and commissioning motherhood carry 12 weeks.
What is the eligibility for maternity benefit?
At least 80 days of work with the employer in the twelve months immediately preceding the expected date of delivery.
Is maternity leave paid?
Yes, at the average daily wage for the three calendar months preceding the leave. Where the employee is covered by ESI, the benefit generally comes from ESIC rather than the employer.
Can an employer dismiss someone on maternity leave?
No. Dismissal during maternity leave, or because of it, is prohibited, and the entitlement to benefit survives a dismissal made in breach of that.

About this tool

Built by the ViniOffice team. Figures and rules last reviewed 22 September 2026 against the statutory reference this team maintains. Indian statutory rates are date-effective and change by notification — confirm against the current one before running payroll or filing. Maternity benefit now sits under the Code on Social Security. The figures here reflect the entitlements as they stand, but this is not legal advice — confirm against the current notification before applying them.

Set up your digital office

Join the early-access list for ViniOffice and be among the first teams in at launch.