Section Text
(1) Subject to the other provisions of this Code, 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, and any period immediately following that day.
Explanation.---For the purposes of this sub-section, "the average daily wage" means the average of the
woman's wages payable to her for the days on which she has worked during the period of three calendar
months immediately preceding the date from which she absents herself on account of maternity, subject to
the minimum rate of wage fixed or revised under the Code on Wages, 2019 (29 of 2019).
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment
of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the
twelve months immediately preceding the date of her expected delivery.
Explanation.--- For the purposes of calculating the period under this sub-section, the days on which a
woman has actually worked in the establishment, the days for which she has been laid off or was on holidays
declared under any law for the time being in force to be holidays with wages, during the period of twelve
months immediately preceding the expected date of her delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twentysix weeks of which not more than eight weeks shall precede the expected date of her delivery:
Provided that the maximum period entitled to maternity benefit by a woman having two or more
surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her
expected delivery:
Provided further that where a woman dies during this period, the maternity benefit shall be payable
only for the days up to and including the day of her death:
Provided also that where a woman, having been delivered of a child, dies during her delivery or during
the period immediately following the date of her delivery for which she is entitled for the maternity benefit,
leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire
period but if the child also dies during the said period, then, for the days up to and including the date of the
death of the child.
Explanation.---For the purposes of this sub-section, "child" includes a stillborn child.
(4) A woman who legally adopts a child below the age of three months or a commissioning mother
shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to
the adopting mother or the commissioning mother, as the case may be.
(5) In case the work assigned to a woman is of such nature that she may work from home, the employer
may allow her to do so after availing of the maternity benefit for such period and on such conditions as the
employer and the woman may mutually agree.