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About this tool
Checks the Maternity Benefit Act section 5(2) eighty-day condition, gives the date it will be met, and dates the 26 or 12 week leave, rejoining and nursing-break timeline.
This calculator answers the question the Maternity Benefit Act, 1961 asks first: on what date will a woman have actually worked eighty days for her employer inside the twelve months immediately preceding her expected date of delivery, which is the section 5(2) condition without which no maternity benefit is payable at all. From there it dates the whole entitlement — 26 weeks under section 5(3), of which not more than eight may precede the expected date of delivery, or 12 weeks with not more than six preceding it for a woman who already has two or more surviving children — and prints the earliest permissible leave start, the leave end and the rejoining date. It is built for HR and payroll teams applying the Act as amended by the Maternity Benefit (Amendment) Act, 2017, and for women who need to see whether the eighty-day clock lands before or after their leave begins.
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When the eighty days are not yet complete, the page gives the calendar date the eightieth day of actual work falls on, and says whether that date is still inside the twelve-month window preceding the expected delivery date.
80 days from section 5(2), 26 or 12 weeks from section 5(3), 8 or 6 pre-natal weeks from the same sub-section, 12 weeks from section 5(4), 6 from section 9, 2 from section 9A, 15 months of nursing breaks from section 11 and the 50-employee creche line from section 11A.
A 12-week block begun at the full six weeks before the expected delivery date ends one day inside the section 4(2) six-week post-delivery employment bar — the page names that clash instead of printing a clean date.
Eighty days of actual work with the employer you are claiming from, inside the twelve months immediately preceding your expected date of delivery. That is section 5(2) of the Maternity Benefit Act, 1961. The Explanation to that sub-section counts days you were laid off and days declared as holidays with wages as days actually worked, and the proviso removes the eighty-day condition for a woman who immigrated into the State of Assam while pregnant.
26 weeks, unless you already have two or more surviving children, in which case section 5(3) caps it at 12 weeks. Of the 26 weeks not more than 8 may fall before the expected date of delivery; of the 12 weeks not more than 6 may. An adopting mother of a child under three months and a commissioning mother get 12 weeks from the date the child is handed over, under section 5(4).
Six weeks immediately following the day of a miscarriage or medical termination of pregnancy under section 9, and two weeks immediately following the day of a tubectomy operation under section 9A, both with wages at the rate of maternity benefit. Section 10 adds up to one further month of leave for illness arising out of pregnancy, delivery, premature birth, miscarriage, medical termination or tubectomy.
Two nursing breaks a day in addition to the rest interval, until the child is fifteen months old, under section 11. An establishment with fifty or more employees must have a creche and must allow four visits a day to it under section 11A. Section 12 makes discharge or dismissal during, or on account of, that absence void, and section 27 lets any award, agreement or contract give more than the Act — never less.