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LabourAct No. 53 of 1961Repealed

The Maternity Benefit Act, 1961

This act has been repealed and replaced by Code on Social Security, 2020 (from 21 November 2025). It may still be referenced in ongoing matters. This reference is maintained for academic and archival purposes.

Protects the employment of women during maternity and entitles them to 'maternity benefit' — full paid absence from work to take care of child delivery and nursing. The 2017 amendment increased paid maternity leave from 12 to 26 weeks for the first two children, mandated crèche facilities for establishments with 50+ employees, and permitted work-from-home arrangements. Repealed and subsumed by the Code on Social Security, 2020 (Chapter VI) with effect from 21 November 2025, which carries the 26-week entitlement forward.

Sections
27
Ministry
Ministry of Labour and Employment
Last Amended
2017-03-28

Key Provisions

→Maternity leave: 26 weeks paid leave for first two children; 12 weeks for subsequent
→Adoption and surrogacy: 12 weeks maternity leave
→Miscarriage and tubectomy operation leave
→Work-from-home option after maternity leave (post-2017)
→Crèche facility mandatory for establishments with 50+ employees
→Protection against dismissal during maternity leave
→Applicability: establishments with 10+ employees
→Penalties for employer default

Related Practice Areas

employment-law
maternity leavematernity benefitpregnancycrèchework from homewomen employment

Section-by-Section Reference

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Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.