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Employee-benefit utility

Maternity Benefit Eligibility and Leave Calculator — 2026

Reviewed by Finin2min Editorial Desk · Last reviewed 11 August 2026

Check the 80-day condition and determine common maternity, adoption, commissioning and miscarriage leave periods.

Check maternity benefit

Medical evidence and notice procedures remain required.
Leave period
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Indicative wage benefit
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How This Is Calculated

Under the Maternity Benefit Act, an employee must have worked at least 80 days in the 12 months before the expected delivery date to qualify. Leave duration varies by event: 26 weeks for childbirth (12 weeks if the woman already has 2 or more surviving children), 12 weeks for adoption or commissioning of a surrogate, 6 weeks for miscarriage, and 2 weeks for tubectomy.

Frequently Asked Questions

What is the 80-day eligibility rule for maternity benefit? ▼
An employee must have actually worked at least 80 days in the 12 months immediately preceding the expected date of delivery to be eligible for maternity benefit under the Act.
Does maternity leave duration depend on the number of children I already have? ▼
Yes — the standard 26 weeks applies for the first and second child. For the third child onward, the leave duration reduces to 12 weeks.
Is maternity leave duration the same for adoption? ▼
No — adoption and commissioning (surrogacy) cases get 12 weeks, shorter than the standard 26-week childbirth leave, reflecting the different nature of the eligibility event.

Methodology, assumptions and sources

Scope: Checks maternity benefit eligibility and entitlement under the Maternity Benefit Act, 1961 (as amended, now aligned within the Code on Social Security, 2020 framework), based on establishment coverage and qualifying service.

Calculation logic

  1. Eligibility: a woman employee is entitled to maternity benefit if she has worked for the employer for at least 80 days in the 12 months immediately preceding the expected delivery date, in an establishment covered under the Act.
  2. Duration: 26 weeks of paid maternity leave for the first two children (up to 8 weeks pre-delivery), reducing to 12 weeks (up to 6 weeks pre-delivery) for the third child onward, per the currently prescribed differentiated entitlement.
  3. Additional entitlements: adoption of a child below 3 months of age, or commissioning mother (surrogacy), is entitled to 12 weeks of maternity benefit from the date the child is handed over; a 'crèche facility' and 'work from home' option (where the nature of work permits, subject to mutual agreement) are also mandated for establishments meeting the applicable employee-count threshold.

Inputs and assumptions

Exclusions and edge cases

Sources

Review status: reviewed and approved by CA Nikhil Gupta on 5 July 2026.

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