Leave & Working Hours · Central / All India
Maternity leave: Social Security Code and 2026 Rules
Maternity-benefit reference for covered women and establishments under the Social Security Code and Central Rules. Eligibility and the interaction with ESI maternity coverage must be checked before selecting an entitlement.
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Maternity leave: Social Security Code and 2026 Rules
Maternity-benefit reference for covered women and establishments under the Social Security Code and Central Rules. Eligibility and the interaction with ESI maternity coverage must be checked before selecting an entitlement.
Applicability
Covered establishments; read the cited provisions, exemptions and subsequent amendments.
Code sections 60, 61 and 65; Rules 35–40
Entitlements follow Code sections 60 and 65, not an abbreviated form abstract. The Ministry/PIB Social Security factsheet corroborates the 80-day qualification, 26-week baseline and adoption/commissioning entitlement. Read section 61 for the interaction with ESI qualification.
The Supreme Court removed the adopted-child age restriction in section 60(4). Read Hamsaanandini Nanduri v Union of India, 2026 INSC 246, paragraphs 167–168, together with the Code and final Central Rules, 2026.
Published statutory data
Applicable rates and details
7 published rows. Search by employment, zone, skill or category.
| Topic | Requirement / conditions | Source clause |
|---|---|---|
| Eligibility | Ordinarily at least 80 days worked in the preceding 12 months; apply chapter coverage and ESI interaction. | Code 60(2), 61 |
| Fewer than two surviving children | Up to 26 weeks; no more than eight weeks before expected delivery. | Code 60(3) |
| Two or more surviving children | Up to 12 weeks; no more than six weeks before expected delivery. | Code 60(3), first proviso |
| Adoption / commissioning mother | 12 weeks from handover. The Supreme Court removed the adopted-child age restriction on 17 March 2026. | Code 60(4), as read by Supreme Court, 2026 INSC 246, paragraphs 167–168 |
| Miscarriage / medical termination | Six weeks, with prescribed proof. | Code 65(1); Rule 35 |
| Tubectomy | Two weeks, with prescribed proof. | Code 65(2); Rule 35 |
| Related illness | Up to one additional month, subject to prescribed proof. | Code 65(3); Rule 35 |
No matching wage row was found. Try a broader term.
Official document
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Official source · Ministry of Labour and Employment, Government of India
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Source review and connected references
Entitlements follow Code sections 60 and 65. Section 60(4) must be read with Hamsaanandini Nanduri v Union of India, 2026 INSC 246, paragraphs 167–168: the adopted-child age restriction was removed. Older explanatory factsheets and statutory printings must not be used to reintroduce that restriction. Read section 61 for ESI qualification.
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