Pregnancy and motherhood should not come at the cost of a woman's employment, income or dignity at work. India's current social-security framework provides statutory maternity protections covering paid maternity benefit, protection during pregnancy, nursing breaks, crèche facilities, work-from-home arrangements and safeguards against dismissal connected with maternity-related absence. The legal framework changed significantly with the implementation of the Code on Social Security, 2020. The Code consolidates India's maternity-benefit provisions and, importantly, the Supreme Court has now clarified the rights of adoptive mothers as well. In March 2026, the Supreme Court held that limiting maternity benefit for an adoptive mother to cases where the adopted child is below three months of age violates Articles 14 and 21 of the Constitution. This makes the current legal position particularly important for women employees, employers and HR professionals. --- Quick Answer: What Maternity Benefits Does the Law Provide? Subject to the applicable statutory conditions, the Code on Social Security, 2020 provides for: - Up to 26 weeks of maternity benefit for eligible women covered by the general provision; - Up to 12 weeks where the woman has two or more surviving children; - 12 weeks for an eligible adoptive mother, irrespective of the age of the adopted child, following the Supreme Court's 2026 judgment; - 12 weeks for a commissioning mother; - protection against certain forms of work during pregnancy; - a prohibition on employment during the six weeks immediately following delivery, miscarriage or medical termination of pregnancy; - nursing breaks after returning to work; - crèche facilities in establishments meeting the statutory threshold; - the possibility of work from home where the nature of work permits and the employer and employee mutually agree; and - protection against dismissal or disadvantage connected with maternity-related absence. The relevant provisions are principally contained in Sections 59 to 72 of the Code. --- What Is Maternity Benefit? Maternity benefit is a statutory payment made by the employer to an eligible woman for the period of her maternity-related absence covered by the Code. Section 60 provides that maternity benefit is payable at the rate of the woman's average daily wage for the period of her actual absence covered by the provision. The Code defines average daily wage, for this purpose, by reference to the woman's wages for the days on which she worked during the three calendar months immediately preceding the date from which she takes maternity-related absence, subject to the applicable minimum wage. Therefore, where the statutory requirements are satisfied, maternity benefit is not merely a matter of an employer's internal leave policy. It is a statutory entitlement. --- Who Is Eligible for Maternity Benefit? Section 60(2) contains an important qualifying requirement. A woman is generally required to have actually worked for at least 80 days during the 12 months immediately preceding the expected date of delivery in the establishment from which she claims maternity benefit. For calculating the 80-day period, the Code also takes into account certain days on which the woman was laid off and holidays declared under applicable law as holidays with wages. This means that an employee should check her employment and attendance records before making a maternity-benefit claim. --- How Much Maternity Leave Is Available? For an eligible woman covered by the general provision, Section 60 provides a maximum maternity-benefit period of: 26 weeks Of these, not more than eight weeks may precede the expected date of delivery. However, the entitlement is reduced where the woman has two or more surviving children. In that situation, the maximum period is: 12 weeks Of these, not more than six weeks may precede the expected date of delivery. The precise entitlement in an individual case can also depend on the statutory circumstances and applicable rules. --- Pregnancy Protection at the Workplace Maternity protection is not limited to maternity leave. Section 59 contains specific safeguards relating to the kind of work a pregnant woman may be required to perform. A pregnant woman who makes the required request cannot be required, during the prescribed period, to perform work that: - is of an arduous nature; - involves long hours of standing; - is likely to interfere with the pregnancy or normal development of the foetus; - is likely to cause miscarriage; or - may otherwise adversely affect her health. The Code explains that work of an "arduous nature" means work involving strenuous effort or work that is difficult and tiring. This is an important point for workplace legal awareness. Pregnancy protection is therefore not simply about taking leave. The law also recognises the need to protect a pregnant employee from certain working conditions. --- Can a Woman Work Immediately After Childbirth? No. Section 59 provides that an employer cannot knowingly employ a woman during the six weeks immediately following delivery, miscarriage or medical termination of pregnancy. The woman is also prohibited from working during that six-week period. This is a statutory health and maternity protection rather than merely an HR-policy preference. --- Maternity Benefits for Adoptive Mothers: A Major Supreme Court Development This is one of the most important recent developments in Indian maternity law. The original wording of Section 60(4) of the Code provided 12 weeks of maternity benefit to a woman who legally adopted a child below three months of age, as well as to a commissioning mother. That three-month restriction was challenged before the Supreme Court. The case was Hamsaanandini Nanduri v. Union of India & Ors., W.P. (C) No. 960 of 2021. On 17 March 2026, a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan delivered its judgment. The Supreme Court held that the three-month age restriction was unconstitutional. Citation Hamsaanandini Nanduri v. Union of India & Ors. 2026 INSC 246 W.P. (C) No. 960 of 2021 Judgment dated: 17 March 2026 The judgment is particularly significant because the Court examined maternity protection through the constitutional principles of equality under Article 14 and dignity and autonomy under Article 21. --- What Did the Supreme Court Decide? The Court concluded that the distinction between: - a woman adopting a child below three months; and - a woman adopting a child aged three months or above did not have a rational connection with the purpose of maternity benefit. The Court observed that the object of maternity benefit is connected not merely with childbirth, but with motherhood and caregiving. In the Court's words: «"The object of maternity benefit is not associated with the process of childbirth but with the process of motherhood."» The Court also held that adoption is an exercise of reproductive and decisional autonomy protected under Article 21. --- The Three-Month Restriction Was Also Practically Unworkable The Supreme Court identified another important problem. The legal process through which certain children become legally available for adoption can itself take considerable time. The Court examined the statutory and regulatory timeline and found that by the time a child is legally placed with an adoptive mother, the three-month age threshold could already have expired. The Court therefore concluded that the restriction could make the statutory benefit largely inaccessible in practice. The Court emphasised that a beneficial social-security provision must be capable of meaningful implementation and cannot become merely symbolic or illusory. --- What Is the Law for Adoptive Mothers Now? The Supreme Court read down Section 60(4). The provision is now to be understood as: «"A woman who legally adopts a child or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over..."» The practical consequence is important: An eligible adoptive mother is entitled to 12 weeks of maternity benefit irrespective of the age of the adopted child. The three-month age restriction cannot be used to deny the statutory maternity benefit. This is a major change from the original wording of Section 60(4). --- Why the Supreme Court Judgment Matters The judgment goes beyond a narrow question of maternity leave. The Court recognised that motherhood can arise through different routes and that the need for time to establish a relationship, provide care and integrate a child into a family is not determined solely by the child's age. The Court stated that: «"Adoption, too, represents a conscious and meaningful exercise of the choice to create and nurture a family."» The Court also stressed that the best interests of the child continue beyond the formal completion of adoption and include the child's integration, bonding and development within the adoptive family. --- What About Commissioning Mothers? Section 60(4) also covers a commissioning mother. A commissioning mother is entitled to 12 weeks of maternity benefit from the date the child is handed over to her, subject to the statutory framework. The Supreme Court's 2026 reading of Section 60(4) retains this part of the provision. --- Can a Woman Work From Home After Maternity Leave? Potentially, yes—but it is not an automatic right to permanent work from home. Section 60(5) provides that where the work assigned to a woman is of such a nature that she may work from home, the employer may allow her to do so after she has availed herself of maternity benefit. The period and conditions are to be mutually agreed between the employer and the woman. Therefore: Work from home under Section 60 is a statutory possibility, not an unconditional entitlement. --- Nursing Breaks After Returning to Work Maternity protection does not necessarily end when an employee returns to work. Section 66 provides for nursing breaks for a woman who returns to duty after childbirth. The framework provides for two nursing breaks during the working day until the child reaches the prescribed age. The Government's explanation of the Code states that these nursing breaks continue until the child reaches 15 months of age. This is separate from maternity leave. A woman can therefore have statutory protections both during maternity absence and after returning to work. --- Crèche Facilities at the Workplace Childcare is another important part of the maternity-benefit framework. Section 67 provides for crèche facilities in establishments meeting the statutory threshold. The current framework applies to establishments where 50 or more employees are ordinarily employed. The Social Security (Central) Rules, 2026, notified on 8 May 2026, prescribe detailed requirements concerning the facility. The rules provide, among other things, that the crèche should ordinarily be located within one kilometre of the establishment, subject to the prescribed exceptions. The rules also contain detailed requirements relating to accommodation, sanitation, staffing, feeding arrangements and other facilities. The current rules also contemplate common crèche arrangements in specified circumstances. --- Protection Against Dismissal Maternity protection also extends to employment security. Section 68 makes it unlawful for an employer to discharge or dismiss a woman during or on account of an absence taken in accordance with the maternity-benefit chapter, or to vary her conditions of service to her disadvantage because of such absence. The provision also protects maternity benefit or medical bonus in certain circumstances where a woman is dismissed during pregnancy. There is an exception relating to gross misconduct, subject to the statutory requirements. The Code also provides an appeal mechanism for a woman who has been deprived of maternity benefit or medical bonus or has been discharged or dismissed in circumstances covered by the provision. Therefore, while maternity protection is strong, every termination dispute must still be examined on its own facts. --- What If the Employer Refuses Maternity Benefit? An employee who believes that her statutory maternity rights have been denied should preserve documentary evidence. Useful records can include: - Appointment letter - Employment records - Salary slips - Attendance records - Maternity-leave application - Employer's approval or rejection - Emails and workplace messages - Medical documents - Documents relating to miscarriage or medical termination, where relevant - Records relating to nursing breaks - Communications concerning crèche facilities - Termination or disciplinary communications - Relevant HR policies The Social Security (Central) Rules, 2026 also prescribe procedures concerning certificates and notices of maternity-benefit claims. Rule 35 provides for specified forms and documentary proof, while also permitting certain alternative forms of documentation. Most importantly, keep communications in writing. A written record can establish: what was requested + when it was requested + what the employer responded + what happened afterwards. --- What Should an Employer Do? For employers and HR teams, maternity compliance should not be treated merely as an HR-policy issue. Organisations should ensure that their maternity policies and internal processes are aligned with the current statutory framework. This includes reviewing: - Maternity leave policies - Payroll processes - Eligibility verification - Pregnancy-related workplace restrictions - Nursing-break arrangements - Crèche compliance - Return-to-work procedures - Work-from-home policies - Termination and disciplinary procedures - Adoptive-mother maternity policies Following the Supreme Court's 2026 judgment, policies that still state that adoptive maternity benefit is available only where the child is below three months old should be reviewed and updated. --- Maternity Protection Is About More Than Leave The legal framework demonstrates that maternity protection is broader than simply giving an employee paid time away from work. It addresses: Health — by restricting certain work during pregnancy. Income — through statutory maternity benefit. Employment security — through protection against dismissal connected with maternity absence. Childcare — through nursing breaks and crèche facilities. Flexibility — through the possibility of work from home where the nature of work permits. Family formation — through maternity benefit for adoptive and commissioning mothers. The Supreme Court's Hamsaanandini Nanduri judgment adds an important constitutional dimension to this framework by recognising maternity protection in the context of equality, dignity, reproductive autonomy and the best interests of the child. --- Key Legal Takeaways for Women Employees If you are a woman employee, the following points are particularly important: 1. Maternity benefit is a statutory right Where the statutory conditions are satisfied, maternity benefit is not merely a discretionary employer benefit. 2. Check the 80-day requirement The general maternity-benefit provision requires at least 80 days of qualifying work in the preceding 12 months. 3. Pregnancy protection extends beyond leave Certain work-related protections apply during pregnancy. 4. Returning to work does not end every maternity-related right Nursing breaks and applicable childcare protections continue after return to work. 5. Work from home is not automatic It may be available where the nature of the work permits and the employer and employee mutually agree on the arrangement. 6. Adoptive mothers have stronger protection after the 2026 Supreme Court judgment The age of the adopted child cannot be used to impose the former three-month restriction. 7. Keep documents Emails, leave applications, salary records and employer communications can become important if a dispute arises. --- Frequently Asked Questions Is maternity benefit a legal right in India? Yes. Subject to the statutory eligibility requirements, maternity benefit is a legal entitlement under the Code on Social Security, 2020. How many weeks of maternity leave are available? For an eligible woman covered by the general provision, the maximum maternity-benefit period is 26 weeks, with not more than eight weeks preceding the expected date of delivery. A woman with two or more surviving children is entitled to a maximum of 12 weeks, with not more than six weeks before the expected delivery. How many days must a woman work to qualify for maternity benefit? Generally, she must have actually worked for at least 80 days during the 12 months immediately preceding the expected date of delivery, subject to the statutory rules for calculating qualifying days. Can a pregnant woman refuse strenuous work? Where the statutory conditions are satisfied and the woman makes the required request, she cannot be required to perform arduous work, work involving long hours of standing or work likely to adversely affect her pregnancy or health. Can an employer make a woman work immediately after childbirth? No. Section 59 prohibits employment of a woman during the six weeks immediately following delivery, miscarriage or medical termination of pregnancy. Is an adoptive mother entitled to maternity benefit if the adopted child is older than three months? Yes. The Supreme Court in Hamsaanandini Nanduri v. Union of India, 2026 INSC 246, held that the three-month age restriction in Section 60(4) is unconstitutional and read the provision to provide 12 weeks of maternity benefit to a woman who legally adopts a child, irrespective of the child's age. Is work from home after maternity leave a legal right? Not automatically. Section 60(5) allows an employer to permit work from home where the nature of the work permits it, on conditions mutually agreed between the employer and the woman. How long can a woman receive nursing breaks? The statutory framework provides nursing breaks after returning to duty, and the Government has stated that these breaks continue until the child reaches 15 months of age. Does every company have to provide a crèche? The statutory crèche requirement applies to establishments meeting the prescribed threshold, currently 50 or more employees under Section 67 and the applicable rules. Can an employer dismiss a woman because she takes maternity leave? Section 68 makes dismissal or discharge during or on account of maternity-related absence unlawful, and also prohibits varying service conditions to the woman's disadvantage on that account, subject to the statutory exceptions and procedures. --- Conclusion The Code on Social Security, 2020 provides a comprehensive statutory framework for maternity protection in India. For eligible women, the law addresses not only paid maternity benefit but also pregnancy-related workplace protection, nursing breaks, childcare facilities, employment security and flexible work arrangements. The legal position has also evolved significantly for adoptive mothers. In Hamsaanandini Nanduri v. Union of India, 2026 INSC 246, the Supreme Court held that the former three-month age restriction for an adopted child violated Articles 14 and 21 and read Section 60(4) so that a woman who legally adopts a child is entitled to 12 weeks of maternity benefit irrespective of the child's age. The larger message is clear: Maternity protection is not simply about taking leave. It is about protecting a woman's health, income, employment, dignity and ability to care for her child. For employees, understanding these rights is the first step towards protecting them. For employers, keeping maternity policies aligned with the current law is an essential part of lawful and responsible workplace practices. --- Case Law Highlight Hamsaanandini Nanduri v. Union of India & Ors. Court: Supreme Court of India Citation: 2026 INSC 246 Writ Petition: W.P. (C) No. 960 of 2021 Date: 17 March 2026 Bench: J.B. Pardiwala J. and R. Mahadevan J. Key provision: Section 60(4), Code on Social Security, 2020 Held: Three-month age restriction for the adopted child was violative of Articles 14 and 21. Result: Section 60(4) read down to provide 12 weeks of maternity benefit to a woman who legally adopts a child, irrespective of the child's age. --- Legal Disclaimer: This article is intended for general legal awareness and informational purposes only. Maternity and employment rights may depend on statutory eligibility, the nature of employment, the applicable establishment-specific framework, rules, notifications and the facts of an individual case. This article should not be treated as a substitute for specific legal advice.