Maternity leave & benefit India — 26 weeks paid, 80 days rule, no dismissal: Code on Social Security 2020 Chapter VI (old Maternity Benefit Act 1961) (2026)
Plain map for working women in India: who is entitled to paid maternity benefit, how many weeks (26 weeks for the first two children, 12 weeks after that, 12 weeks for adoption of a child under 3 months or for a commissioning mother), the 80-days-of-work rule, medical bonus, miscarriage leave, nursing breaks and crèche, the bar on dismissal during maternity leave, and how to complain to the Inspector-cum-Facilitator. Based on Chapter VI of the Code on Social Security, 2020, in force from 21 November 2025 (old Maternity Benefit Act, 1961 numbers kept for search). Educational only — not legal advice; Adhiwakta does not file labour complaints or deal with employers.
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Which law applies now
The Central Government brought the four labour codes into force from 21 November 2025. Maternity benefit is now in Chapter VI (sections 59–83) of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961 — so older articles quoting ‘Section 5 of the Maternity Benefit Act’ refer to rules that now sit mainly in Section 60 of the Code. The Chapter applies to every factory, mine and plantation (including Government ones) and to every shop or establishment with ten or more employees on any day in the preceding twelve months, and to others the Government notifies. Government servants are usually covered by their own service leave rules, and women covered by ESI generally receive maternity benefit from ESIC.
Who is eligible — the 80 days rule
A woman employee is entitled to maternity benefit if she has actually worked in the establishment for at least 80 days in the twelve months immediately before her expected date of delivery (Section 60). The benefit is paid at the rate of her average daily wage for the period of absence. The Supreme Court has held that maternity benefits extend to women engaged on muster-roll / casual basis too (Municipal Corporation of Delhi v. Female Workers (Muster Roll), 2000).
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How many weeks
Up to 26 weeks, of which not more than 8 weeks can be before the expected delivery — for a woman with fewer than two surviving children. For a woman with two or more surviving children, 12 weeks (not more than 6 weeks before delivery). A woman who legally adopts a child below three months of age, or a commissioning mother (surrogacy), is entitled to 12 weeks from the date the child is handed over. After the benefit period, the employer may allow work from home where the nature of work permits, on mutually agreed terms (Section 60).
Medical bonus, miscarriage leave, nursing breaks, crèche
If the employer does not provide free pre-natal and post-natal care, the woman is entitled to a medical bonus of ₹3,500 (or as notified) (Section 64). In case of miscarriage or medical termination of pregnancy, she is entitled to 6 weeks’ leave with maternity-benefit wages on proof (Section 65); the law also bars employing a woman in the six weeks after delivery, miscarriage or MTP (Section 59). Nursing breaks are allowed until the child is 15 months old (Section 66). Establishments with 50 or more employees must provide a crèche (separately or common), and allow four visits a day (Section 67). The employer must inform every woman in writing and electronically of these benefits at the time of appointment.
No dismissal because of pregnancy or maternity leave
Under Section 68, it is unlawful for an employer to discharge or dismiss a woman during or because of her maternity absence, or to give notice that expires during it, or to change her service conditions to her disadvantage. Even if a woman is dismissed during pregnancy, she does not lose her maternity benefit or medical bonus, except where dismissal is for prescribed gross misconduct by written order — and she may appeal against such an order within 60 days to the authority prescribed. No wages may be deducted merely because of the nature of work or nursing breaks allowed under the Chapter (Section 69).
Notice to the employer
Give a written notice to the employer stating the date from which you will be absent (not earlier than the permitted weeks before delivery) and asking for the benefit; keep a copy and the doctor’s certificate of pregnancy or delivery. If you could not give notice before delivery, you can give it as soon as possible after. Keep salary slips, appointment letter and attendance records — they prove the 80 days.
How to complain if benefit is denied
First write to HR / the employer, quoting the Code on Social Security, 2020 Chapter VI, and keep the reply. If the benefit is improperly withheld, or you are discharged or dismissed during or on account of maternity absence, you can complain to the Inspector-cum-Facilitator of the State labour department (Section 72), who can inquire and order payment or pass suitable orders; an appeal lies from that order within the time the Code allows. Dismissal disputes may also be raised under the Industrial Relations Code, 2020, and discrimination or harassment linked to pregnancy may raise PoSH or constitutional issues for public employers.
Papers to gather
Appointment letter or ID card; salary slips and bank statements for the last 12 months; attendance records; the written maternity notice and acknowledgement; doctor’s certificates (pregnancy, delivery, miscarriage, adoption or surrogacy papers); HR emails or WhatsApp messages; and any termination or warning letters.
What this guide is not
It is not a calculation of your exact benefit, not a promise that a complaint will succeed, and not advice for a specific employer’s policy. Central and State rules under the Code continue to be notified and updated — confirm current rules with your State labour department.
How Adhiwakta can help
We do not file labour complaints or speak to employers on your behalf. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- How many weeks of maternity leave are allowed in India?
- Up to 26 weeks paid (not more than 8 before delivery) for a woman with fewer than two surviving children; 12 weeks for a woman with two or more; 12 weeks for adopting a child below 3 months or for a commissioning mother — under Chapter VI of the Code on Social Security, 2020.
- Who is eligible for maternity benefit?
- A woman who has actually worked at least 80 days in the 12 months before her expected delivery, in a factory, mine, plantation or a shop / establishment with ten or more employees (or other notified establishments).
- Can my employer fire me during pregnancy or maternity leave?
- Dismissal or discharge during or because of maternity absence is unlawful under Section 68 of the Code; even on dismissal during pregnancy, benefit is not lost except for prescribed gross misconduct by written order, which can be appealed within 60 days.
- Where do I complain if maternity benefit is denied?
- Write to the employer first, then complain to the State labour department’s Inspector-cum-Facilitator under Section 72, who can order payment or other relief.
- Does Adhiwakta file labour complaints?
- No. We do not file complaints or deal with employers. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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