Maternity Benefit is the statutory entitlement of a woman worker to paid leave and medical benefits during pregnancy, childbirth, and the post-natal period, with full protection against dismissal or discharge during this period. Under Indian law, maternity benefits are governed by the Maternity Benefit Act, 1961 (as amended in 2017), which provides for 26 weeks of paid maternity leave for the first two children and 12 weeks for subsequent children.
Legal definition
The Maternity Benefit Act, 1961 (as amended by the Maternity Benefit (Amendment) Act, 2017) provides the framework:
Section 5(3): Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.
The key entitlements under the Act (post-2017 amendment):
- 26 weeks of paid maternity leave for the first two children (of which not more than 8 weeks shall precede the expected date of delivery)
- 12 weeks of paid maternity leave for the third and subsequent children
- 12 weeks of maternity leave for commissioning mothers (surrogacy) and adopting mothers (for children below 3 months)
- Payment at the rate of the average daily wage for the period of absence
- Protection under Section 12 against dismissal or discharge during the maternity benefit period
- Medical bonus of Rs 3,500 (or as prescribed)
- Work-from-home option (Section 5(5), post-2017 amendment) — an employer may permit a woman to work from home after the maternity leave period if the nature of work so permits
Eligibility: A woman must have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery.
New law equivalent: The Code on Social Security, 2020 (Chapter VI, Sections 56-72) subsumes the Maternity Benefit Act with substantially similar provisions.
How courts have interpreted this term
Municipal Corporation of Delhi v. Female Workers (Muster Roll) [(2000) 3 SCC 224]
The Supreme Court held that maternity benefits under the Act must be extended to all women workers, including casual and muster-roll workers, not merely permanent employees. The Court observed that the purpose of maternity leave is to protect the dignity of motherhood by providing full and healthy maintenance to the woman and her child, and this right cannot be denied on the basis of the nature of the employment relationship.
Dr. Kavita Yadav v. Secretary, Ministry of Health [2024 INSC — recent]
The Supreme Court held that fixed-term contractual employees are entitled to full maternity benefits under Section 5, even after the expiry of their contractual term. The Court interpreted Section 12(2)(a) to create a fiction of continued employment, holding that the term "discharge" includes the expiry of a contractual period, and the woman must be treated as being in employment solely for the purpose of availing maternity benefits.
Air India v. Nergesh Meerza [AIR 1981 SC 1829]
The Supreme Court struck down the air hostess service regulations that required termination of service upon first pregnancy. The Court held that such regulations were arbitrary and violated Articles 14 and 16 of the Constitution, observing that the termination of a woman's service on the ground of pregnancy is manifestly unreasonable and an affront to Indian womanhood.
Why this matters
Maternity benefits represent one of the most significant labour protections available to women workers in India. The 2017 amendment, which increased paid maternity leave from 12 weeks to 26 weeks, placed India among the countries with the most generous maternity leave provisions globally. This reflects the constitutional mandate under Article 42 (just and humane conditions of work and maternity relief) and Article 39(e) (protection of the health and strength of workers).
For employers, the financial burden of maternity benefits falls entirely on the employer (unlike the ESI scheme, where maternity benefits are funded through employer and employee contributions). This has led to concerns about discriminatory hiring practices — employers may be reluctant to hire women of childbearing age due to the potential cost. The 2017 amendment attempted to mitigate this through the creche facility requirement (Section 11A) for establishments with 50 or more employees.
For women workers, understanding the protections under Section 12 is critical. The Act provides absolute protection against dismissal or discharge during the maternity benefit period — any such dismissal is void. The protection extends from the date of the medical certificate confirming pregnancy through the period of maternity leave and the six weeks following.
Related terms
Broader concepts:
Related social security:
Related women's workplace protections:
Frequently asked questions
How many weeks of maternity leave is a woman entitled to in India?
A woman is entitled to 26 weeks of paid maternity leave for the first two children under the Maternity Benefit Act (as amended in 2017). For the third and subsequent children, the entitlement is 12 weeks. The leave can be availed up to 8 weeks before the expected date of delivery for the first two children.
Are contractual or temporary workers entitled to maternity benefits?
Yes. The Supreme Court in MCD v. Female Workers (2000) held that maternity benefits extend to all women workers, including casual and muster-roll workers. More recently, in Dr. Kavita Yadav (2024), the Court held that even fixed-term contractual employees are entitled to maternity benefits beyond the expiry of their contract.
Can an employer terminate a pregnant woman?
No. Section 12 of the Maternity Benefit Act provides absolute protection against dismissal or discharge during the maternity benefit period. Any dismissal during this period is void. The protection extends from the confirmation of pregnancy through the end of the maternity leave period and six weeks thereafter.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.