In 2 minutes
Chapter VI of the Social Security Code preserves maternity protection.
The ordinary eligibility test is 80 days in the preceding 12 months.
The main entitlement is 26 weeks, with specific variations for surviving children, adoption and commissioning motherhood.
Crèche and nursing-break requirements need workplace implementation.
Protected absence must not trigger adverse attendance or performance action.
ESI-covered cases require coordination between employer and ESI benefit rules.
Legal map
- Social Security Code sections 59–72
- Social Security (Central) Rules, 2026 rules 35–40
- ESI maternity-benefit interaction
- State Shops and Establishments leave overlays
Owner actions
- Publish an entitlement decision tree.
- Configure payroll and attendance for protected leave.
- Maintain medical/notice evidence confidentially.
- Audit crèche access and nursing breaks.
- Review return-to-work and anti-retaliation.
Practical examples
| Scenario | Finin2min treatment |
|---|---|
| Employee has two surviving children | The ordinary 26-week rule and reduced entitlement rule must be tested with the exact facts and section 60. |
Common control failures
Questions and answers
What is the basic eligibility test?
Ordinarily, at least 80 days of work in the 12 months immediately preceding expected delivery, subject to the exact section and facts.
Is entitlement always 26 weeks?
No. Surviving children, adoption, commissioning motherhood and other cases have specific rules.
Is this Maternity Benefit and Crèche Hub a substitute for the official law?
No. It is an explanation and control layer. The official Code, rules, scheme, notification, state instrument and case law govern.
What date is the legal position based on?
The central legal position was reviewed as at 9 July 2026. State instruments and portals should be checked on the transaction date.
Why are legacy Acts still shown?
They help users understand subject history, savings, past periods, pending proceedings and transition into the Codes.
Which government is the appropriate government?
It depends on the establishment and statutory definition. Central-sector establishments generally fall to the Central Government; others generally fall to the State Government, subject to the exact provision.
What evidence should an employer retain?
Applicability memo, employee/worker master, attendance, wage sheets, bank proof, challans, returns, notices, approvals, acknowledgements and exception closure.
Can a calculator decide legal eligibility automatically?
Only when every legal input and current notification is available. Otherwise it should show an unresolved input rather than a confident number.
How should contractor compliance be checked?
Worker-wise by identity/UAN/IP number, attendance, wage, bank credit and statutory contribution—not only by aggregate challan.
What should be shown on a public article?
Official source, instrument status, effective date, state/central scope, last verification date, assumptions, examples and disclaimer.
How often should the hub be reviewed?
High-risk portals and notifications should be monitored frequently; the formal source register should be reviewed at least quarterly and on every material event.
Are state laws included?
The package includes a state-overlay structure. Exact state Acts, rules, rates, forms and portals must be populated and verified state by state.