Maternity Benefit under the Code on Social Security

Maternity benefit protects a working woman's health and income during pregnancy and after childbirth, and her job while she is away. Chapter VI of the Code on Social Security replaces the Maternity Benefit Act, 1961, carrying forward the 26-week entitlement introduced in 2017, along with nursing breaks, creche facilities and protection from dismissal. This note covers eligibility, entitlements, workplace protections and the leading cases.

1. Entitlements

Maternity benefit and related leave

Figure 1: Maternity benefit and related leave

Rate. Maternity benefit is paid at the average daily wage for the period of actual absence, calculated over the three calendar months before absence.
Work from home. Where the nature of work permits, the employer may allow work from home after the benefit period, on mutually agreed terms.
Relationship with ESI, s.61. A woman entitled under this chapter continues to be entitled even where ESI applies, until she qualifies for maternity benefit under ESI.
Coverage. Factories, mines, plantations, and shops and establishments with 10 or more employees (Topic 19)

2. Workplace Protections

Protections during and after pregnancy

Figure 2: Protections during and after pregnancy

Appeal, s.68(2). A woman deprived of benefit or dismissed may appeal within 60 days to the prescribed authority.
Constitutional basis. Article 42 directs the State to make provision for maternity relief, and Article 15(3) permits special provisions for women.

3. Leading Cases

B. Shah v Presiding Officer, Labour Court (1977). Maternity benefit is computed for all days, including Sundays and rest days, in the benefit period, since the law must be read beneficially.
Air India v Nergesh Meerza (1981). A rule terminating air hostesses' service on first pregnancy was struck down as arbitrary and an insult to women.
Municipal Corporation of Delhi v Female Workers (Muster Roll) (2000). Women engaged on muster roll or daily wages are entitled to maternity benefit; Article 42 and international obligations support the claim.
Deepika Singh v Central Administrative Tribunal (2022). A woman who had taken leave for her husband's children from an earlier marriage could not be denied maternity leave for her first biological child; the provision must be read purposively.

⚠ Exam trap

Eligibility is 80 days' work in the 12 months before expected delivery. Benefit is 26 weeks (8 before delivery), but 12 weeks (6 before) for a woman with two or more surviving children, and 12 weeks for adopting a child below three months or for a commissioning mother. Miscarriage gives 6 weeks, tubectomy 2 weeks, and pregnancy-related illness up to one more month. The medical bonus is ₹3,500. Nursing breaks continue until the child is 15 months old; a creche is required at 50 employees.

4. Frequently Asked Questions

How long is maternity leave under the Social Security Code?

A woman with fewer than two surviving children is entitled to 26 weeks, of which not more than 8 may precede the expected delivery. A woman with two or more surviving children gets 12 weeks, not more than 6 before delivery. A woman adopting a child below three months, and a commissioning mother, get 12 weeks from the date the child is handed over.

Can a woman be dismissed during maternity leave?

No. Under section 68 it is unlawful to discharge or dismiss a woman during or on account of her maternity absence. Even a dismissal during pregnancy does not deprive her of maternity benefit or the medical bonus unless it is for gross misconduct prescribed by the Central Government, and she may appeal within sixty days.

5. Related Topics

Topic 21: Employees' State Insurance. Maternity benefit for insured women.
Topic 31: Women Employees, Night Work and Safety. Other protections for women at work.