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Glossary · HR, Payroll & Labour Law

Maternity Benefit

A statutory benefit provided to women employees under the Maternity Benefit Act, 1961 (amended 2017), for absence from work during pregnancy and childbirth.

The Maternity Benefit Act applies to all establishments with 10+ employees and to every woman employee who has worked for at least 80 days in the preceding 12 months. The amended Act provides 26 weeks of paid leave for the first 2 children (12 weeks for 3 or more) at the rate of average daily wage. The employer must pay the benefit, with no cap. Work-from-home option is available for the first child. 12 weeks of adoption leave is also available. Miscarriage or medical termination of pregnancy entitles 6 weeks of leave with wages.

Examples

A 28-year-old woman with 3 years of service at a tech company gets 26 weeks of paid maternity leave at full salary on the birth of her first child.

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