Do I get my full salary during maternity leave?

Yes. Under the Maternity Benefit Act, you are entitled to full wages, not partial pay.

Does maternity leave cover allowances and bonuses too?

Typically, it covers your average daily wage, which may or may not include variable components like performance bonuses. Always confirm with HR.

I work in a company with fewer than 10 employees. Am I covered?

No. The law applies only to establishments with 10 or more employees. In smaller firms, benefits depend on the employer’s discretion.

What if I am self-employed or in the unorganised sector?

You may not get paid maternity leave, but government schemes like PMMVY can provide financial assistance.

Maternity Leave Pay Rules in India: Full Salary Explained

When you’re preparing for childbirth, financial planning sits right beside health concerns. Hospital bills, postnatal care, and even basics like food and diapers add up quickly. At the same time, your body needs recovery, and your baby needs round-the-clock care. Paid maternity leave exists to bridge this gap, but not every woman is sure whether it means full salary or only a portion of it.

What the Law Says About Paid Maternity Leave

The Maternity Benefit Act, 1961, is the main law governing maternity leave in India. Here are its key provisions:

Duration of leave:

26 weeks of paid leave for women having up to two children.
12 weeks of paid leave for the third child and beyond.

Adoption and surrogacy: 12 weeks of leave if you adopt a baby younger than 3 months or become a commissioning mother through surrogacy.
Payment: Wages must be paid at the average daily wage rate, meaning you receive your full salary, not partial pay, during maternity leave.
Eligibility: You must have worked at least 80 days in the 12 months preceding your expected delivery in an establishment with 10 or more employees.

This means that by law, maternity leave is not partial pay. It’s full wages based on your regular salary.

Why Employers Sometimes Create Confusion

Even though the law is clear, real-world practices can differ:

Private sector policies: Some companies try to offset costs by reclassifying part of your salary (such as performance bonuses or allowances). Always check if your HR team counts the entire gross pay or just the basic salary.
Contract or gig workers: Women working under contracts, daily wages, or in informal sectors may not always get the full benefit unless the contract specifically covers it.
Awareness gap: Many women do not file for maternity benefits formally, which can lead to reduced payouts.

How This Impacts Your Health and Well-being

The difference between full and partial pay during maternity leave is not just financial. It can affect your recovery and peace of mind:

Physical recovery: After delivery, your body needs time to heal from lochia, stitches, C-section incisions, or pelvic floor weakness. Worrying about money adds unnecessary stress.
Breastfeeding and bonding: Exclusive breastfeeding is recommended for 6 months by WHO. Paid leave makes it possible without rushing back to work.
Mental health: Anxiety about unpaid bills can worsen postpartum blues or depression. A stable income during leave is protective.

Common Scenarios in India

Here’s how it often plays out:

Government employees: Most central and state government jobs provide 180 days (6 months) of fully paid maternity leave, sometimes with additional child care leave.
Corporate sector: Legally bound to offer full paid leave, but calculation methods may vary. Some offer even longer leave as a company policy.
Small establishments (<10 employees): These are not covered under the Act, so benefits depend on the employer’s discretion.
Unorganised sector: Domestic workers, daily wage earners, and agricultural workers often miss out, though schemes like the Pradhan Mantri Matru Vandana Yojana (PMMVY) offer financial aid.

How to Secure Your Rights

To make sure your maternity leave is paid in full:

Check your employment contract before applying for leave.
Formally apply in writing, keeping a copy of your application.
Ask HR for a clear breakdown of what “full pay” covers (basic, allowances, bonuses).
Use government grievance platforms if benefits are withheld illegally.
Explore welfare schemes like PMMVY for extra support if you’re not formally employed.

Emotional and Practical Support

It’s easy to feel guilty about “taking time off,” especially in fast-paced jobs. But maternity leave is not a favour. It’s your legal right. Remind yourself:

Your income security is protected by law.
Taking leave helps you return stronger to your role.
Financial planning with your partner or family can help ease pressure.

Maternity leave in India is legally full pay, provided you meet the eligibility criteria. If you’re facing partial pay or denial, it’s usually due to a lack of compliance by employers or exclusion from the Act’s coverage. Knowing the law, asking the right questions, and planning ahead ensures that your focus remains on recovery and your newborn, not on financial strain.
Whether you’re pregnant, a new mom, or navigating postpartum, you don’t have to do it alone. Join our support group to connect, share, and support one another.

FAQs on Maternity Leave Pay Rules in India: Do You Get Full Salary

Do I get my full salary during maternity leave?
Yes. Under the Maternity Benefit Act, you are entitled to full wages, not partial pay.
Does maternity leave cover allowances and bonuses too?
Typically, it covers your average daily wage, which may or may not include variable components like performance bonuses. Always confirm with HR.
I work in a company with fewer than 10 employees. Am I covered?
No. The law applies only to establishments with 10 or more employees. In smaller firms, benefits depend on the employer’s discretion.
What if I am self-employed or in the unorganised sector?
You may not get paid maternity leave, but government schemes like PMMVY can provide financial assistance.