Maternity Benefit — Nature, Scope, Right and Calculation — Labour Law II Notes

Maternity Benefit — Nature, Scope, Right and Calculation

For most of history a pregnant worker faced a cruel choice — keep working until the last day and risk her health, or stop and lose her wages and often her job. Maternity benefit removes the choice: the law guarantees her paid leave and protects her job, so that having a child does not cost her livelihood. That is Article 42 turned into a cash right.

What the right is, who has it, and how it is measured

Maternity benefit is now Chapter VI of the Code on Social Security, 2020. Its nature is protective and its scope covers women in establishments to which the chapter applies (factories, mines, shops and other notified establishments), subject to a qualifying period of work.

The building blocks:

Restrictions on employment (Section 59) — an employer must not knowingly employ a woman during the six weeks immediately after delivery or miscarriage, and must not require a pregnant woman to do arduous work likely to interfere with her pregnancy in the period before delivery.
Right to payment and its calculation (Section 60) — a woman who has worked for the employer for the qualifying period (not less than 80 days in the 12 months before her expected delivery) is entitled to maternity benefit — paid leave at the rate of her average daily wage for the period of her actual absence, up to a maximum of 26 weeks (of which not more than 8 may be taken before delivery). For a woman who already has two or more surviving children the maximum is 12 weeks; a commissioning or adopting mother gets 12 weeks.
Other benefits — medical bonus (Section 64) if no free pre/post-natal care is provided, leave for miscarriage or illness arising out of pregnancy (Section 65), nursing breaks (Section 66), and a creche facility (Section 67) in larger establishments.
Entitlement and forfeiture (Section 70) — the benefit may be forfeited where a woman who has taken maternity leave works elsewhere during that leave; a woman dismissed for gross misconduct may be deprived of the benefit by an order in writing.
Protection (Section 68) — dismissal or discharge of a woman because of her maternity absence is void; she keeps her benefit.

Section 60, Code on Social Security 2020 (in brief): “every woman shall be entitled to … the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence …”

In Simple Terms: Work the qualifying 80 days, and pregnancy buys you up to 26 weeks of paid leave at your average daily wage, plus protection from being sacked for it and extra help (bonus, nursing breaks, creche). Take another job during the leave, or be sacked for gross misconduct, and you can lose it.

🧩 WORKED EXAMPLE — calculating the benefit

Facts. A woman with one child has worked 200 days in the last year and takes maternity leave for her second child.

Rule. With ≥80 qualifying days and fewer than two surviving children, she is entitled to up to 26 weeks’ leave at her average daily wage (s.60).

Apply. Average daily wage × the number of days of actual absence (up to the 26-week cap, max 8 weeks pre-delivery) gives her benefit; her job is protected (s.68).

Conclusion. She receives 26 weeks’ paid leave at her average daily wage; the employer cannot dismiss her for the absence.

flowchart TD
    ROOT["Maternity benefit (Ch VI)"]:::root
    ROOT --> Q["Qualifying: 80 days in preceding 12 months (s.60)"]:::leaf
    ROOT --> R["Right: avg daily wage x actual absence, up to 26 weeks"]:::leaf
    ROOT --> O["Other: medical bonus (s.64), miscarriage leave (s.65), nursing breaks (s.66), creche (s.67)"]:::leaf
    ROOT --> P["Protection: no dismissal for the absence (s.68)"]:::leaf
    ROOT --> F["Forfeiture: work elsewhere on leave / gross misconduct (s.70)"]:::no
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef no fill:#FBE3E3,stroke:#a11,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

[C-5] Municipal Corporation of Delhi v Female Workers (Muster Roll) (2000) — maternity benefit extends even to casual/muster-roll women workers; it flows from Article 42 and human dignity.
B. Shah v Presiding Officer, Labour Court (1977) — maternity benefit is calculated to include the wages for Sundays/rest days in the period; the Act is construed in the woman’s favour.

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