1. Applicability & The 80-Day Work Rule

The Maternity Benefit (Amendment) Act 2017 applies to all factories, mines, plantations, shops, and commercial establishments employing 10 or more persons in the organized private and public sectors across India.

Under Section 5(2) of the Act, a woman employee qualifies for paid maternity benefits if she has worked with the employer for a minimum of 80 working days in the 12 months immediately preceding the expected date of delivery.

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2. Paid Leave Duration: 26 Weeks vs. 12 Weeks

The law establishes clear tiered maternity leave entitlements:

  • First and Second Child: 26 weeks (182 calendar days) of fully paid maternity leave. A maximum of 8 weeks can be availed before the expected date of delivery, and the remainder post-childbirth.
  • Third Child Onwards: 12 weeks (84 calendar days) of fully paid maternity leave (max 6 weeks before delivery).
  • Adoptive & Commissioning (Surrogacy) Mothers: 12 weeks of paid leave from the date the child (under 3 months of age) is handed over.
  • Miscarriage / Medical Termination: 6 weeks of paid leave immediately following the date of miscarriage or termination of pregnancy.

3. Salary Calculation During Maternity Leave

Maternity benefit is payable at the rate of the average daily wage for the period of actual absence. This includes:

  • Full Basic Wages + Dearness Allowance (DA).
  • All cash allowances (HRA, Special Allowance, Food/Conveyance Allowance).
  • Incentive bonuses paid in the preceding three calendar months.

4. Mandatory Crèche Facility (50+ Employees Rule)

Under Section 11A, every establishment employing 50 or more employees (regardless of gender) must provide a mandatory crèche facility within a prescribed distance (either on-premises or through a shared facility within 500 meters).

The employer must allow the mother 4 daily visits to the crèche, including regular rest intervals.

5. Strict Prohibition on Dismissal & Discrimination

Absolute Dismissal Protection (Section 12): It is strictly unlawful for an employer to terminate, dismiss, or discharge a female employee while she is on maternity leave or issue a termination notice that expires during her absence. Any such dismissal is legally void and constitutes a cognizable criminal offense punishable by imprisonment and fines.

6. Work-From-Home (WFH) Post Maternity Leave

Section 5(5) enables a woman employee to work from home post-maternity leave if the nature of the work allows it, on mutually agreed terms between the employer and employee.