Maternity Benefit Act, 1961: 26 Weeks Leave, 80 Days Rule and How Pay Is Worked Out

What the Act gives a working woman, in plain words: how many weeks, who is covered, how the benefit is calculated, what to do if it is not paid, and how it sits with Haryana rule 44 and the HKRN policy.

Which text is this? This guide follows the Act as amended up to the Maternity Benefit (Amendment) Act, 2017, which came into force on 1 April 2017 (the crèche section from 1 July 2017). Older copies of the Act and summary sheets still show 12 weeks, 160 days and a bonus of Rs 25 or Rs 250. Those figures are out of date. The Haryana state maternity rules (proofs, length of nursing breaks, appeal authority) are not in the papers used here, so check those with your office or the Labour Department.

What is the Maternity Benefit Act, 1961?

It is a central law "to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits". The courts treat it as beneficial legislation. Its object, in the words of the Bombay High Court quoted in the annotated edition, is to ensure security of tenure for the working woman, and the Supreme Court has said it aims to let a working woman face motherhood with dignity, undeterred by fear of victimisation for her absence before and after birth.

It came into force in Haryana on 1 June 1964. It matters most to women who are not covered by the Haryana Civil Services (Leave) Rules, 2016: contractual, HKRN, outsourced, daily-wage and private-sector women. For regular Government employees, rule 44 of the Leave Rules gives six months and the Act is the floor underneath it.

What changed in 2017

Who is covered?

Section 2 applies the Act to every factory, mine or plantation, including those belonging to Government, to establishments employing people for equestrian, acrobatic and other performances, and to every shop or establishment under a State shops and establishments law in which ten or more persons are employed, or were employed on any day of the preceding twelve months. The State Government can extend it to any other establishment after two months' notice, with Central approval.

The Act does not apply to an establishment covered by the Employees' State Insurance Act, 1948, except through sections 5-A and 5-B. Under 5-A a woman keeps her right under this Act until she qualifies for ESI maternity benefit. Under 5-B a woman in an ESI establishment whose monthly wages are above the ESI ceiling, and who meets the 80 days condition, gets the benefit under this Act.

Casual, daily-wage and contractual women

The courts have been clear. The Supreme Court held in Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) that nothing in the Act entitles only regular women employees, and that casual and muster-roll women on daily wages are covered. Maternity benefit cannot be denied to daily-wage workers (Madras High Court, 2012), and full-salary maternity leave cannot be denied to a woman appointed on contract (Central Administrative Tribunal, 2017). A firm with only three persons is not covered (Kerala High Court, 2014).

The definition of "woman" is a woman employed, directly or through any agency, for wages in any establishment, which is why HKRN's policy refers its women to the Act. See the HKRN policy guide.

Key definitions

• Child includes a stillborn child, so the leave applies to a stillbirth.
• Commissioning mother is a biological mother who uses her egg to create an embryo implanted in any other woman.
• Miscarriage is expulsion of the contents of a pregnant uterus at any period before or during the 26th week of pregnancy, excluding a miscarriage that is punishable under the Indian Penal Code.
• Employer, for a Government establishment, is the person or authority appointed to supervise and control employees, or the head of the department if none is appointed.
• Wages are all cash remuneration, including dearness allowance, house rent allowance and other cash allowances, incentive bonus and the money value of concessional foodgrains. They leave out any bonus other than incentive bonus, overtime, fines deductions, the employer's pension or provident fund contribution and gratuity.

How many weeks of leave do I get?

It is one block of up to 26 weeks in total, not 26 weeks after delivery. You can take fewer weeks before delivery and more after, as long as the total is within the cap and the part before is within 8 weeks. A "week" is a cycle of seven days including Sundays (B. Shah v. Presiding Officer, Supreme Court, 1978), so holidays inside the period are part of it. "Surviving children" means living children.

Worked examples

First child. Expected delivery 1 June 2027. Starting 8 weeks before, on 6 April 2027, the 182 days end on 4 October 2027. If she starts only 4 weeks before, on 4 May, she can use the remaining 22 weeks after delivery and the leave ends on 1 November 2027.

Third child. Two living children already, expected delivery 1 June 2027. The longest start before delivery is 6 weeks, 20 April 2027, and 12 weeks (84 days) end on 12 July 2027.

If the baby comes early, you still get the full remaining period up to the cap, because the Act pays for the period of actual absence before the delivery, the day of delivery and the period after. Keep the doctor's certificate with the expected date.

If the woman dies

If she dies during the leave, the benefit is payable only up to and including the day of her death. If she dies during delivery or in the period after it for which she is entitled, and the child survives, the employer must pay for the entire period. If the child also dies in that period, payment runs up to and including the day of the child's death. Under section 7 the money goes to the nominee named in her notice, or to her legal representative if there is none.

The 80 days condition

Section 5(2) says no woman is entitled to maternity benefit unless she has actually worked in an establishment of the employer for not less than 80 days in the twelve months immediately before the expected date of delivery. This replaced the older 160 days in 1989. The only exception named in the Act is a woman who immigrated into Assam while pregnant.

For counting the 80 days, days on which she was laid off, and days that were holidays with wages under any law, within the twelve months before the expected delivery are taken into account. So paid weekly offs and paid holidays count along with the days actually worked. The 80 days test applies to maternity benefit for delivery and adoption. The six weeks of leave for miscarriage under section 9 and the two weeks for tubectomy do not carry a work condition.

How much will I be paid?

Maternity benefit is your average daily wage multiplied by the number of days of your absence. The average daily wage is the average of wages payable for the days you actually worked in the three calendar months before the date you go on leave, but not less than the minimum wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees, whichever is the highest. The 1961 text said one rupee a day, which is out of date.

Example, daily wage. Anita earns Rs 450 a day and worked 72 days in the last three months for Rs 33,600. Average = 33,600 / 72 = Rs 466.67. For 182 days the benefit is about Rs 84,933. Because every day of the leave, including Sundays, is paid, this can exceed a normal month's earnings spread over the same period.

Example, monthly salary. Pooja earns Rs 18,000 a month with all cash allowances included. For three months of 90 days with no unpaid days, 54,000 / 90 = Rs 600 a day, and 182 days comes to Rs 1,09,200. The Act says "days on which she has worked", so offices differ on whether paid weekly offs are counted. Ask your accounts officer, and keep your pay slips. If the minimum wage for your kind of work is higher than your average, the minimum wage is used.

When the money is paid

The amount for the period before the expected delivery is paid in advance when you produce proof of pregnancy, and the rest within 48 hours of producing proof of delivery.

Maternity benefit calculator

Adoption and surrogacy: 12 weeks

Since 2017 a woman who legally adopts a child below the age of three months, or a commissioning mother, is entitled to maternity benefit for 12 weeks from the date the child is handed over. The 80 days condition applies to it too. A child above three months is not covered by this section. Regular Government employees also have child adoption leave under their Leave Rules.

Notice and payment: section 6

1. Give a written notice to the employer, in the prescribed form, saying that the benefit and any other amount may be paid to you or to your nominee, and that you will not work in any establishment while receiving it.
2. For a pregnant woman the notice states the date from which you will be absent. The printed section 6(2) says not earlier than six weeks before the expected delivery, although section 5(3) now allows up to eight weeks. The text was not brought in line in 2017, so follow section 5(3) and your employer's rules and ask if there is a doubt.
3. If you did not give notice while pregnant, give it as soon as possible after delivery.
4. On receipt, the employer must let you stay absent during the period you receive the benefit.
5. Advance payment for the period before delivery on proof of pregnancy; the rest within 48 hours of proof of delivery.

Failure to give notice does not take away your right. An Inspector can order payment on his own motion or on your application. If you work somewhere during your authorised absence you forfeit the benefit for that period (section 18).

Medical bonus

Under section 8 every woman entitled to maternity benefit also gets a medical bonus if the employer does not provide pre-natal confinement and post-natal care free of charge. The Act now says Rs 1,000 and allows the Central Government to raise it every three years up to a maximum of Rs 20,000. By notification S.O. 2831(E) of 19 December 2011 it was raised from Rs 2,500 to Rs 3,500. A later increase is not in the papers used here, so check the Labour Ministry's current notification. The older figures of Rs 25 and Rs 250 are out of date.

Miscarriage, tubectomy and illness leave

Proof is as prescribed. Courts have held that leave for miscarriage can be claimed even if the woman had not worked the qualifying days. Compare rule 44 of the Leave Rules, which gives 45 days for miscarriage or abortion once in service.

Light work, nursing breaks and crèche

• No work for six weeks after delivery, miscarriage or MTP. The employer must not employ you and you must not work (section 4).
• Light work on request. In the month before the six weeks preceding the expected delivery, and any part of the six weeks you do not take as leave, you can ask not to be given arduous work, work involving long standing, or work likely to harm the pregnancy. Your wages cannot be cut for this (section 13).
• Nursing breaks. After returning to duty you get two breaks of the prescribed length in the working day until the child is 15 months old, in addition to the usual rest interval (section 11). No wage deduction.
• Crèche. Every establishment with 50 or more employees must have a crèche within the prescribed distance, and you can make four visits a day, which include your rest interval (section 11-A).
• Work from home. Where the nature of work allows it, the employer may let you work from home after the leave for a period and on conditions both agree.
• Information. Every establishment must tell each woman, in writing and electronically, about every benefit at the time of initial appointment.

No dismissal during maternity leave

It is unlawful for an employer to discharge or dismiss you during or because of your absence under the Act, to give notice that expires during the absence, or to change your service conditions to your disadvantage (section 12). If you are dismissed while pregnant, you still keep your maternity benefit and medical bonus. The one exception is dismissal for prescribed gross misconduct, where the employer may deprive you of the benefit by a written order. You can appeal within 60 days of the order of deprivation, discharge or dismissal, and the appellate authority's decision is final.

Complaints, appeals and penalties

• Inspector. Appointed by the appropriate Government. Under notification S.O. 274(E) of 20 January 2020, the Regional Labour Commissioner (Central), Chandigarh and Jammu, with the Assistant Labour Commissioners and Labour Enforcement Officers of the Chandigarh region, are Inspectors for Haryana, among other places, for establishments under the Central Government.
• Complaint (section 17). A woman, or a person claiming that a payment due after her death was withheld, can complain to the Inspector, who can inquire and order payment, or pass just orders on a dismissal. Appeal to the prescribed authority within 30 days. The amount is recoverable by the Collector as arrears of land revenue.
• Penalty on the employer (section 21). For failing to pay maternity benefit or for dismissing a woman because of her absence: imprisonment of not less than 3 months and up to 1 year, and a fine of Rs 2,000 to Rs 5,000. Other contraventions: up to 1 year, or a fine up to Rs 5,000, or both. The court also recovers the unpaid benefit as a fine and pays it to the woman. Obstructing an Inspector carries up to 1 year or a fine up to Rs 5,000.
• Who can file (section 23). The woman, an office-bearer of a registered trade union of which she is a member, a registered voluntary organisation or an Inspector, within one year of the offence, in a court not below a Metropolitan Magistrate or Magistrate of the First Class.
• Employer duties. Exhibit an abstract of the Act in the local language and keep prescribed registers and muster rolls.

More favourable terms win

Section 27 says the Act overrides inconsistent laws and agreements, but if a woman has more favourable benefits under any award, agreement or contract of service, she keeps them for that matter. An employer and a woman may also agree on better terms. Section 26 lets the Government exempt an establishment that already gives benefits not less favourable than the Act.

The Act, HCS rule 44 and the HKRN policy side by side

For a regular employee, six months under rule 44 is slightly more than 26 weeks, so she follows rule 44 for length, while the Act's extra protections can still help. For a contractual woman placed through HKRN the Act decides the weeks and pay, and HKRN's monthly casual and medical leave is separate. Section 27 decides: read point by point and take the more favourable. This is information, not legal advice. See also the HKRN policy guide and, for hospital costs around a delivery, the medical reimbursement guide, where delivery is treated as a disease and its prenatal and postnatal treatment is reimbursable.

Frequently asked questions

Last reviewed 24 October 2026. An independent guide, not an official Government of Haryana website. Always rely on the latest official notification.