Maternity leave in India: your rights under the Code on Social Security
What changed when the labour codes came into force, what stayed the same, and how to talk to your employer.
Updated October 13, 2026 · sources checked October 13, 2026
In short
Since 21 November 2025, maternity rights in India are in the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961. A woman who worked at least 80 days in the 12 months before her expected delivery receives up to 26 weeks of maternity benefit at her average daily wage, up to 8 weeks of it before delivery.
What changed on 21 November 2025
The Government made the four labour codes effective from 21 November 2025, "rationalising 29 existing labour laws" (PIB). The Code on Social Security, 2020 brought together nine social security laws, including the Maternity Benefit Act, 1961 and the Employees' State Insurance Act, 1948 (Ministry of Labour handbook). The headline rights mothers know, such as 26 weeks, stay; certification is simpler and work from home is written in.
Your rights, as of October 2026
| Right | Code on Social Security |
|---|---|
| Who qualifies | A woman who has worked at least 80 days in the establishment in the 12 months immediately preceding the expected delivery |
| How long | Up to 26 weeks, of which up to 8 weeks before the expected date of delivery |
| How much | Maternity benefit equal to your average daily wage for the period of leave |
| Adoption | 12 weeks for a woman who legally adopts a child below three months of age, from the date of adoption |
| Surrogacy | 12 weeks for a commissioning mother (a biological mother who uses surrogacy), from the date the child is handed over |
| Miscarriage or medical termination | 6 weeks of maternity benefit |
| Tubectomy | 2 weeks of maternity benefit |
| Medical bonus | Rs 3,500 where the employer does not provide free pre-natal and post-natal care |
| Job protection | No dismissal or discharge because of lawful maternity absence |
| Nursing breaks | Two a day, in addition to rest intervals, until the child is 15 months old |
| Creche | Required in establishments with 50 or more employees; four visits a day allowed |
| Work from home | Possible after the maternity benefit when the work allows, on conditions agreed with the employer |
| Proof | Certificate from a registered medical practitioner, an ASHA, a qualified auxiliary nurse or a midwife |
If you already have children, ask HR how many weeks apply to you and ask for the answer in writing.
If your employer is covered by ESI
In establishments covered by Employees' State Insurance (generally those with 10 or more persons), ESI pays maternity benefit as "periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage". Ask your employer or your ESI branch which applies to you.
If you work informally or for yourself
The labour-code maternity benefit is linked to an establishment. If you are self-employed or work informally, look at PMMVY: an e-Shram card or an MGNREGA job card is one of the accepted eligibility proofs.
A short letter to your employer
No official form is needed to start. You can adapt this:
Subject: Notice of pregnancy and maternity benefit I am pregnant and my expected date of delivery is [date], as certified by [doctor / ASHA / ANM / midwife]; the certificate is attached. I intend to start my maternity leave on [date] and request maternity benefit under the Code on Social Security, 2020. Please confirm in writing my leave dates, pay, the medical bonus if applicable, and the nursing-break and creche arrangements for my return.
Checklist
For the partner
The Code's maternity benefit is for the mother. Ask your own employer about any paternity leave in your contract or company policy, and plan who will cover nights, meals and visitors in the first weeks.
Questions parents ask
Is the Maternity Benefit Act 1961 still in force?
Its provisions have been brought into the Code on Social Security, 2020. The Ministry of Labour lists the Maternity Benefit Act, 1961 among the laws the Code consolidates, and the four labour codes became effective on 21 November 2025.
How many days must I have worked to get maternity benefit?
At least 80 days in the establishment in the 12 months immediately before your expected date of delivery.
Is maternity leave paid in India?
Yes. The maternity benefit equals your average daily wage for the period of leave, up to 26 weeks for an eligible woman.
What is the medical bonus?
Rs 3,500, payable where the employer does not provide free pre-natal and post-natal care, according to PIB in November 2025.
Can my employer dismiss me during maternity leave?
No. The Ministry of Labour handbook states that an employer shall not dismiss or discharge a woman employee who is absent in accordance with the law on account of maternity leave.
Sources
- PIB — Government Makes the Four Labour Codes effective (21 November 2025) checked October 13, 2026
- PIB — New Labour Codes Empower Women (27 November 2025) checked October 13, 2026
- PIB — Code on Social Security, 2020 (22 November 2025) checked October 13, 2026
- Ministry of Labour and Employment — Compliance Handbook for Employers under the Four Labour Codes (2026) checked October 13, 2026
Mamavela explains; it does not replace your midwife, doctor or pediatrician, who know your situation. If something worries you, call them. In an emergency, call 911 (US), 999 (UK) or 112.