Maternity Benefit Eligibility Checker (2026)
Working mothers in India are entitled to maternity benefits under three key schemes: 26 weeks paid leave under the Maternity Benefit Act 1961 (for first two children), ESI maternity benefit for ESIC-covered employees, and PM Matru Vandana Yojana (PMMVY) cash assistance. Check what you are entitled to below.
This tool covers formal employment. Self-employed and unorganised sector workers may have access to PMMVY only. Always verify with your HR or nearest Anganwadi centre.
Maternity Benefits in India — What the Law Says
1. Maternity Benefit Act, 1961 (as amended in 2017)
| Situation | Paid Leave Entitlement |
|---|---|
| 1st or 2nd biological child | 26 weeks fully paid |
| 3rd or subsequent biological child | 12 weeks fully paid |
| Adoptive mother (child below 3 months) | 12 weeks fully paid |
| Commissioning mother (surrogacy) | 12 weeks fully paid |
Eligibility conditions:
- Must have worked at least 80 days with the same employer in the 12 months before expected delivery
- Applies to all establishments with 10 or more employees
- Your employer cannot reduce pay or dismiss you during this period
- If your workplace has 50+ employees, you are also entitled to a crèche facility within 500 metres
2. ESI (ESIC) Maternity Benefit
If your salary is ₹21,000/month or below and you work in an ESI-covered establishment:
- 26 weeks of maternity benefit at 100% of average daily wages, paid directly by ESIC
- Requires at least 70 IP contribution days in the two preceding contribution periods
- Claim via ESIC portal (esic.gov.in) or through your employer's ESI-designated dispensary
3. PM Matru Vandana Yojana (PMMVY)
- First child: ₹5,000 cash benefit — ₹3,000 after first ante-natal check-up registration + ₹2,000 after delivery and registration
- Second child (girl): ₹6,000 under PMMVY 2.0 (Mission Shakti)
- Apply at nearest Anganwadi centre or at pmmvy.wcd.gov.in
- Government employees are not eligible (they receive full statutory paid leave)
Source: Maternity Benefit Act 1961 (amended 2017); ESI Act 1948; PMMVY Guidelines, Ministry of Women & Child Development. Information verified July 2026.
Frequently Asked Questions
Can I get both ESI maternity benefit and the Maternity Benefit Act leave?
If you are an ESI-covered employee, your maternity leave is governed by both the MBA and ESIC. The cash benefit (wages) is paid by ESIC directly, while the leave entitlement (26 weeks, same duration) still applies as per the Maternity Benefit Act. You get one set of benefits, not double payment.
What if I have been working for less than 80 days?
If you have not completed 80 working days with your current employer in the past 12 months, you are not eligible for paid maternity leave under the Maternity Benefit Act. However, you may still qualify for PMMVY cash assistance (for first child) regardless of your employment status. Check with your state labour department about any state-level schemes.
Am I entitled to maternity leave if I work from home or remotely?
Yes. The Maternity Benefit Act applies based on the nature of your employment relationship and the size of the establishment, not the location of work. Remote/work-from-home employees covered under the Act have the same entitlements as office-based employees.
Does maternity leave count towards my total service for gratuity and EPF purposes?
Yes. Maternity leave taken under the Maternity Benefit Act counts as continuous service for the purposes of gratuity (Payment of Gratuity Act, 1972) and EPF (Provident Funds Act). It does not break your service continuity.
What is the PMMVY installment schedule?
For the first child: ₹3,000 is released after registering the first ante-natal check-up (ANC) with the Anganwadi; ₹2,000 is released after registering the birth and completing the first cycle of immunisation. Applications must be submitted within 730 days of the child's birth.
Recommended Eligibility Tools
Disclaimer: This tool is for informational purposes only. Eligibility for maternity benefits depends on your specific employment contract, establishment type, state-level rules, and ESIC records. Government employees' maternity entitlements are governed by Central/State Government service rules (typically 180 days for first two children under CCS Leave Rules). Always verify with your HR department, ESIC office, or a qualified labour law advisor. PMMVY figures are based on Ministry of WCD guidelines verified as of July 2026.