Section 60: Right to payment of maternity benefit
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 60 — Governs right to payment of maternity benefit and the rights, duties, powers or procedure expressly stated in this section. Key operative 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…
The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (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 twenty- six weeks of which not more than eight weeks shall precede the expected date of her delivery:
Provisos, explanations & qualifications
- 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:
- 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…
- 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…
- Explanation.— For the purposes of this sub-section, “child” includes a stillborn child.
Thresholds and timelines in the text
- Right to payment of maternity benefit.—(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…
- 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…
- (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…
- (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty- six weeks of which not more than eight weeks shall precede the expected date of her delivery:
Actors expressly appearing in the text
Employer
Full statutory text — Section 60
60. Right to payment of maternity benefit.—(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 twenty-
six 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.How to apply this provision
- Primary statutory test — (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.
- Additional operative limb — 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).
- Qualification / exception to test — 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:
- Numerical or timing control — Right to payment of maternity benefit.—(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…
- Evidence file — retain facts and records proving the role/status of: Employer.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
An employee seeks the maternity-related benefit governed by this provision. Verify establishment/person coverage, qualifying service or contribution conditions, the relevant dates and the prescribed claim/notice route before calculating the benefit. Retain employment, wage, medical/claim and payment records; apply any proviso in the provision to the employee's actual facts.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 60
What does Section 60 of the Social Security Code cover?
Section 60 — Governs right to payment of maternity benefit and the rights, duties, powers or procedure expressly stated in this section. Key operative 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…
What is the main legal requirement or power in Section 60?
The first operative clause identified from the official text is: “(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.” Read it with the remaining subsections and any proviso below.
Does Section 60 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “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:”
What time limit, percentage or amount appears in Section 60?
The provision contains this numerical/time expression: “Right to payment of maternity benefit.—(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…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 60?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 60 currently operative?
The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.
Source & verification trail
Act: Code on Social Security, 2020 — official India Code PDF ↗
Central Rules: Social Security (Central) Rules, 2026 — G.S.R. 344(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.