Maternity Benefits Under India's Labour Codes

(as of January 2026)

Maternity benefits in India are primarily governed by Chapter VI of the Code on Social Security, 2020 (SS Code), which consolidates and replaces the Maternity Benefit Act, 1961. The SS Code, effective from 21 November 2025 as part of the four new labour codes, retains and enhances key provisions while aiming for broader coverage, including potential extensions to unorganised and gig workers through notified schemes.Key ProvisionsEligibility: A woman employee must have worked at least 80 days in the 12 months immediately preceding the expected delivery date.

Duration of Paid Leave:

26 weeks of paid maternity benefit for the first two children (up to 8 weeks pre-delivery).
12 weeks for women with two or more surviving children.
12 weeks for adoptive mothers (child below 3 months) or commissioning mothers (surrogacy), from the date the child is handed over.

Payment: Full average daily wages during leave, calculated based on the uniform "wages" definition under the Code on Wages, 2019.

Additional Benefits:
Nursing breaks until the child is 15 months old.
Medical bonus if no pre/post-natal care is provided.
Option to work from home post-leave (mutual agreement with employer).
Protection against dismissal or adverse changes during pregnancy/leave.

Crèche Facility: Mandatory in establishments with 50+ employees (individual or shared/common facility); women allowed four daily visits.

For Gig/Platform/Unorganised Workers
The SS Code empowers the government to frame schemes extending benefits like health and maternity support to these workers via a dedicated Social Security Fund (funded by aggregators, government, CSR). Draft rules (December 2025) propose eligibility after 90-120 days of engagement, but specific maternity schemes await final notifications (targeted April 2026).Implementation StatusFull rollout is progressing; transitional provisions from the old Act apply where needed. Employers must ensure compliance to promote women's workforce participation and work-life balance.These reforms align maternity benefits with modern needs, fostering gender equity and family welfare. Consult official portals for state-specific rules.