Maternity Benefits in India: The Legal Framework
The Code on Social Security, 2020 contains maternity provisions in Chapter VI and ESIC benefits in Chapter IV. An ESIC registration number alone does not tell you which maternity benefit is payable to a particular employee. Under section 61, a woman already entitled under Chapter VI continues to receive that benefit until she qualifies for maternity benefit under Chapter IV. Section 41(7)(b) then prevents a woman eligible for Chapter IV maternity benefit from also claiming the same maternity benefit from her employer under Chapter VI. Confirm the employee's current insurance and contribution eligibility with ESIC before deciding who pays. Read the Code on Social Security, 2020 and check current claim steps through the official ESIC portal.
The route depends on the employee's entitlement, not just the establishment's registration. This guide explains the Chapter VI provisions and how to verify ESIC eligibility. For the benefit details, see our ESIC Maternity Benefits Guide.
Maternity Benefit: Applicability and Coverage
Before assigning the payment, check whether Chapter VI applies to the establishment, whether the employee meets its eligibility test, and whether she has qualified for Chapter IV maternity benefit. These questions are linked: section 61 provides for continuation of a Chapter VI entitlement until Chapter IV qualification, while section 41(7)(b) bars a duplicate employer maternity claim once the employee is eligible under Chapter IV.
The Ministry of Labour's March 2026 FAQ says the existing ESIC wage ceiling of ₹21,000 continues while the related rules are being finalised. Coverage and benefit eligibility still depend on the applicable rules, contribution history, and individual facts, so do not decide the route from salary alone. See the Ministry's Labour Codes FAQ and our ESIC Complete Guide.
Key Provisions of the Maternity Benefit Chapter
Eligibility
For a claim under Chapter VI, the Code requires at least 80 days of work for the employer in the 12 months immediately before the expected delivery date. The calculation includes days actually worked, days laid off, and holidays declared as holidays with wages. Section 61 addresses how this entitlement continues when Chapter IV applies to the establishment.
Duration of Maternity Leave
- Ordinary maternity leave: up to 26 weeks, with no more than 8 weeks before the expected delivery date.
- Two or more surviving children: up to 12 weeks, with no more than 6 weeks before the expected delivery date.
- Miscarriage or medical termination of pregnancy: 6 weeks immediately following the event, on production of the prescribed proof.
- Tubectomy operation: 2 weeks from the date of operation.
- Adopting mother or commissioning mother: 12 weeks from the date of adoption or commissioning (for children below 3 months of age).
Maternity Benefit Amount
Under Chapter VI, maternity benefit is paid at the average daily wage for the actual period of absence. The Code defines this as the average of wages payable for days worked during the three calendar months immediately before the employee begins maternity absence, subject to the applicable minimum wage.
Medical Bonus
Section 64 sets a medical bonus of ₹3,500, or another amount later notified by the Central Government, where the employer does not provide prenatal, confinement, and postnatal care free of charge. Check for a later notification before calculating a payment.
Nursing Breaks
Section 66 provides two nursing breaks until the child reaches 15 months. For establishments governed by the Social Security (Central) Rules, 2026, rule 36 sets each break at 15 minutes and allows additional travel time, up to 15 minutes, where needed to reach the crèche or another place the child is left. Confirm the applicable rule for a Kerala establishment.
Crèche facility
Section 67 sets the threshold at 50 employees or another number prescribed by the Central Government, requires four visits a day (including rest intervals), and permits shared crèche facilities. Rule 37 of the Social Security (Central) Rules, 2026 sets detailed standards for establishments governed by those rules, including a crèche within one kilometre. The Kerala Labour Commissionerate still lists the State Social Security rules as draft on its current notices page (last updated 5 May 2026). Kerala employers should confirm which rules apply to their establishment before relying on the Central Rules' specifications. Employers must inform women employees in writing and electronically about Chapter VI benefits at appointment.
Prohibition on Dismissal and Discharge
Section 68 prohibits dismissal or a disadvantageous change to service conditions during or because of a Chapter VI absence. The Code and rules include exceptions for specified gross misconduct, so assess the facts and applicable procedure before taking action.
Maternity Benefit vs ESIC Maternity: Key Differences
| Aspect | Maternity Benefit (Chapter VI) | ESIC Maternity Benefit (Chapter IV) |
|---|---|---|
| Eligibility | At least 80 days for the employer in the preceding 12 months, subject to Chapter VI | ESIC insurable status and contribution conditions; check current ESIC records and rules |
| Payment route | Employer pays the Chapter VI benefit when payable under that chapter | ESIC pays benefits when the insured woman qualifies under Chapter IV |
| Duration and amount | Set by sections 60–65 of the Code | Set by Chapter IV rules and ESIC regulations; verify the employee's current entitlement |
| Overlap rule | Chapter VI entitlement can continue until the woman qualifies under Chapter IV | A woman eligible for Chapter IV maternity benefit cannot also claim maternity benefit from her employer under Chapter VI |
| Crèche and nursing provisions | Sections 66–67 apply to establishments covered by Chapter VI, subject to current rules | Do not assume Chapter VI ancillary provisions apply identically after Chapter IV eligibility begins |
Employer checklist for handling a claim
- Confirm the establishment's applicable chapter and the employee's current ESIC insured status and contribution record. Do not route a claim using the employer's ESIC registration alone.
- For a Chapter VI claim, document the 80-day calculation, expected delivery date, wages used for the benefit calculation, leave dates, and any medical-care arrangement relevant to the medical bonus.
- Under rule 35 of the Social Security (Central) Rules, 2026, Form X is used for prescribed medical certificates and Form XI for the employee's notice. The employer may accept a plain-paper or electronic notice; a claim is not invalid only because the specified form was not used. Confirm the applicable rules for a Kerala establishment. Section 62 requires advance payment of the prenatal portion on prescribed proof of pregnancy and payment of the later amount within 48 hours after prescribed proof of delivery.
- For an ESIC claim, use the current ESIC process and help the employee correct missing employment or contribution data. Do not use legacy form instructions unless the live ESIC portal or current circular requires that form.
- Keep the claim decision, supporting records, payments, leave approvals, and communications together. If eligibility is disputed, obtain case-specific advice before refusing or delaying a claim.
📊 Calculate ESIC Contributions for Your Workforce
Use our ESIC Calculator to verify monthly contributions. Essential for establishments where ESIC is the applicable maternity benefit framework.
Open ESIC Calculator →Return-to-work options and protection
Section 60(5) says an employer may allow work from home after maternity benefit where the work can be done that way, on terms mutually agreed with the employee. Section 68 prohibits dismissal or disadvantageous changes because of a Chapter VI absence, subject to the Code's stated exceptions. Check the employee's applicable route and current rules before applying Chapter VI provisions to someone who has qualified under Chapter IV.
Ensure Maternity Benefit Compliance with GHR Consultancy
GHR Consultancy assists Kerala employers with maternity benefit compliance under both the maternity benefit chapter of the Code and ESIC. Our services include: determining which framework applies to your establishment, setting up maternity benefit payment processes (for non-ESIC establishments), facilitating ESIC maternity claim filing (for ESIC-covered establishments), creche facility setup and compliance, maternity benefit register maintenance, and inspection readiness and representation.
With over 30 years of labour law experience in Kerala, we ensure your establishment meets all maternity benefit obligations — protecting your women employees' rights and your business from legal risk. Contact us for a compliance assessment.
Related guides: ESIC Maternity Benefits Guide, ESIC Benefits Guide for Kerala Employers, Employee Benefits and Welfare Guide, and HR Compliance Calendar.