1. Introduction

Maternity Benefit is one of the most sensitive and essential components of social protection for working women. The Social Security Code, 2020 integrates maternity-related provisions under Chapter 6 (Sections 77–91), ensuring that women receive financial, medical, and employment-related security during pregnancy and child care.

Before the Code, maternity rights came from the Maternity Benefit Act, 1961. While that Act was strong, it existed outside the larger social security structure. The Code brings everything under one unified framework, ensuring consistency with wage definitions, digital compliance, and a modern approach to gender equality in the workplace.

At its core, the maternity chapter ensures that pregnancy does not result in:

• loss of employment
• financial hardship
• discrimination
• unsafe working conditions

The Code protects the dignity and health of working women by mandating paid leave, medical support, and job security.

Hindi insight:

मातृत्व लाभ का उद्देश्य यह सुनिश्चित करना है कि गर्भवती महिला कर्मचारी को पूर्ण वेतन, आराम, चिकित्सा सुविधा और नौकरी की सुरक्षा मिले — और गर्भावस्था के कारण उसके करियर पर कोई बुरा प्रभाव न पड़े।

2. Applicability of Maternity Benefit (Section 77)

The maternity chapter applies to:

• Every establishment
• Every woman employee, regardless of salary
• Contract, fixed-term, and permanent employees
• Daily-wage or casual workers (if conditions of employment are fulfilled)

Importantly, maternity benefits apply even if the establishment has only one woman employee.

Eligibility Rule:

A woman must have worked at least 80 days in the 12 months before her expected delivery date.

This inclusion ensures that vulnerable or newly joined employees are not left out.

3. Duration of Paid Maternity Leave (Section 78)

The Social Security Code continues the 26-week maternity leave introduced in the 2017 amendment, ensuring one of the most generous maternity leave systems in the world.

Standard Case:

26 weeks of paid leave

The first 8 weeks can be taken before the expected delivery date.

For women with two or more surviving children:

Paid leave is 12 weeks.

For adoptive and commissioning mothers:

12 weeks from the date the child is handed over.

This structure ensures that both biological and adoptive/commissioning mothers get strong maternity support.

Hindi explanation:

एक महिला कर्मचारी को 26 सप्ताह का पूर्ण भुगतान वाला maternity leave मिलता है, जो दुनिया के कई देशों से अधिक है।

4. Maternity Benefit Amount (Sections 79–80)

Maternity benefit is paid at the rate of the average daily wage, which is calculated based on the new standardized wage definition (Basic + DA ≥ 50%).

This ensures a fair and transparent calculation of maternity pay.

The employer must pay:

• Full wages for the period of maternity leave
• Medical bonus (if applicable)
• Leave for miscarriage or medical termination
• Leave for tubectomy operation

For women covered under ESI, maternity benefit is provided entirely through ESIC, and the employer does not bear wage liability.

5. Leave for Miscarriage, Illness, and Medical Termination (Section 81)

The Code provides:

6 weeks paid leave

for miscarriage, medical termination of pregnancy (MTP), or illness arising out of pregnancy.

This is an important inclusion, recognizing that maternity health concerns extend beyond just childbirth.

Hindi:

गर्भपात या गर्भसम्बंधी बीमारी की स्थिति में 6 सप्ताह का पूरा भुगतान मिलता है।

6. Prohibition of Hazardous Work (Section 83)

During pregnancy, employers cannot assign work that:

• Requires long standing
• Involves chemicals, dust, heavy lifting, or hazardous substances
• Is likely to cause health risks for the mother or the unborn child

If such work is part of the business, the woman must be transferred to safer duties with full pay.

This ensures safety without financial loss.

7. Nursing Breaks and Post-Delivery Support (Section 85)

After returning from maternity leave, a woman is entitled to nursing breaks until the child reaches 15 months of age.

These breaks are paid, and employers must allow them without affecting attendance or wages.

This provision acknowledges the real-world needs of new mothers and promotes healthier child care practices.

8. Creche Facility (Section 86)

Every establishment with 50 or more employees must provide:

• A creche facility within prescribed distance, or
• Creche partnership with another facility, or
• Creche facility through a common pool

Women employees must be allowed four visits per day to the creche, including the rest interval.

This requirement improves work–life balance and allows women to continue their careers without compromising childcare.

9. Prohibition on Dismissal During Pregnancy (Section 90)

One of the strongest protections under the Social Security Code is the absolute prohibition against:

• Dismissing a woman employee
• Reducing her wages
• Changing her job role unfairly
• Threatening her employment
• Denying maternity leave

during maternity leave or pregnancy.

Any such action is illegal and can be challenged before the appropriate authority.

Hindi explanation:

गर्भावस्था के दौरान नौकरी से निकालना या वेतन कम करना कानूनन अपराध है।

10. No Deductions or Penalties (Section 89)

An employer cannot:

• Deduct maternity wages
• Impose penalties
• Change leave into paid/unpaid leave without consent
• Deny benefits due to absence caused by pregnancy

This ensures financial stability for the woman during pregnancy.

11. Employers’ Obligations

Employers are responsible for:

• Paying maternity wages
• Maintaining proper records
• Ensuring safe working conditions
• Offering nursing breaks
• Allowing creche visits
• Avoiding discriminatory practices
• Offering medical bonuses (if applicable)
• Following digital compliance norms

Non-compliance may lead to penalties under Chapter 12 of the Code.

12. Impact of the New Wage Definition on Maternity Pay

Because maternity benefit is tied to wages, the standardized wage definition makes maternity pay:

• More fair
• More predictable
• Less prone to manipulation
• More reflective of actual income

Earlier, some employers kept basic wages low to reduce maternity pay. With the new rule (Basic + DA ≥ 50%), this manipulation ends.

13. Impact on Employers

Employers may experience increased cost when:

• The number of women in the workforce increases
• Basic wages increase under the new definition
• Creche obligations apply
• Paid leave compensation rises

However, the Code promotes gender inclusion and workforce stability, which benefits employers long-term.

14. Impact on Women Employees

For women, the Code ensures:

• Full salary during maternity leave
• Job security
• Strong medical protection
• Hazard-free working conditions
• Extended nursing periods
• Creche access
• Support for miscarriage and medical complications

This strengthens women’s participation in the workforce and reduces career breaks.

15. FAQs (With Chapter References)

FAQ 1: Is maternity benefit available from Day 1?

Eligibility requires 80 days of work, but pregnancy-specific protections apply from Day 1.

Relevant: Section 77

FAQ 2: Can an employer refuse maternity leave?

No, refusal is illegal.

Relevant: Section 90

FAQ 3: Do contract or fixed-term employees get maternity leave?

Yes. Maternity benefit applies to all eligible women workers.

Relevant: Section 77

FAQ 4: Is maternity benefit paid directly by the employer?

Yes, unless the employee is covered under ESI.

Relevant: Section 78

FAQ 5: How long can a woman take nursing breaks?

Until the child reaches 15 months of age.

Relevant: Section 85

16. Conclusion

The maternity benefit provisions under the Social Security Code, 2020 represent one of the most progressive and protective frameworks for working women in India.

By ensuring 26 weeks of paid leave, strong job security, access to creche facilities, medical support, nursing breaks, and prohibition of discriminatory actions, the Code empowers women to maintain both career and family responsibilities with dignity.

These reforms not only protect women but also encourage inclusive workplaces and healthier families. By integrating maternity benefit into the unified social security system, the Code recognizes motherhood as a critical phase deserving full financial and legal protection.