Maternity benefit — 26 weeks, eligibility and other rights

A woman who has worked 80 days in the 12 months before the expected delivery is entitled to 26 weeks' paid leave (12 weeks from the third child), with medical bonus, nursing breaks and a creche.

Chapter VI of the Code on Social Security (ss. 59–83) replaced the Maternity Benefit Act, 1961.

  • Eligibility: at least 80 days actually worked in the 12 months immediately before the expected date of delivery.
  • Period: 26 weeks, of which not more than 8 weeks before delivery. A woman with two or more surviving children gets 12 weeks (not more than 6 before).
  • Adoption and commissioning mother: 12 weeks from the date the child (below three months) is handed over.
  • Miscarriage or medical termination: 6 weeks. Tubectomy: 2 weeks. Illness arising from pregnancy or delivery: up to one month more.
  • Rate: the average daily wage for the period of actual absence. The average is worked out over the three calendar months before.
  • Medical bonus: ₹3,500 or the notified amount, if the employer does not provide free pre-natal and post-natal care.
  • Work from home: may be allowed after the leave, on mutually agreed terms, where the work allows it.
  • Nursing breaks: two breaks a day until the child is 15 months old.
  • Creche: in every establishment with 50 or more employees, with four visits a day.
  • Protection: no dismissal or adverse change in conditions because of absence on maternity leave.

Where the woman is an insured person under ESIC, ESIC pays the maternity benefit instead of the employer.

Use the maternity benefit calculator on the Labour law calculators page or in the HR desk.

Last reviewed 17-10-2026. General information, not legal advice for a specific case. Check the latest Act, Rules and notifications of the appropriate government before acting.

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