By S&S Co. Advocates & Solicitors · Published 20 September 2026 · Informational content, not legal advice — see our disclaimer
Leave Entitlement
Eligible women employees are entitled to up to 26 weeks of paid maternity leave — up to 8 weeks of which may be availed before the expected delivery date — for the first two children; for the third child onward, the entitlement reduces to 12 weeks. Employers must display an abstract of the maternity benefit provisions at the workplace and cannot dismiss or vary the employment conditions of a woman employee during her maternity leave period.
The Crèche Requirement
Establishments employing 50 or more employees must provide a crèche facility — commonly notified within 500 metres of the workplace under state rules — and mothers must be permitted at least four visits to the crèche daily, with that time counted as part of working hours rather than deducted from it.
Now Part of the Code on Social Security
The maternity benefit regime, earlier under the standalone Maternity Benefit Act, 1961, is now consolidated into the Code on Social Security, 2020, which came into force on 21 November 2025 alongside the other three Labour Codes. Employers should confirm the exact chapter and section references under the Code, as distinct from the old Act's numbering, when drafting internal policy documents.
Consequences of Non-Compliance
Non-compliance — denial of leave, dismissal during maternity leave, or failure to provide mandated facilities — attracts imprisonment ranging from 3 months to 1 year and/or a fine, subject to the current in-force penalty provision, which should be checked against the Code's current text given re-codification periodically revises penalty amounts.
Adjacent Obligations Employers Often Miss
Employers with 50 or more employees should also review obligations that commonly intersect with maternity compliance: POSH Internal Committee obligations, ESI maternity benefit coordination for covered employees, and work-from-home policy options the law permits by mutual agreement after the leave period. Treating maternity compliance as a standalone checklist item, disconnected from these adjacent obligations, is a common gap in employer policy documents.
Frequently Asked Questions
How many weeks of paid maternity leave are employees entitled to?
Up to 26 weeks for the first two children (up to 8 weeks of which may be taken before the expected delivery date), reducing to 12 weeks from the third child onward.
When must an employer provide a crèche facility?
Where the establishment employs 50 or more employees. Mothers must be permitted at least four crèche visits daily, counted as part of working hours.
Is the Maternity Benefit Act still the governing law?
The substantive entitlements originate from the Maternity Benefit Act, 1961, but the regime is now consolidated into the Code on Social Security, 2020, in force from 21 November 2025 — employers should reference the Code's current provisions rather than the standalone older Act.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Code on Social Security, 2020, in force from 21 November 2025 (consolidating the Maternity Benefit Act, 1961).