Section 62: Notice of claim for maternity benefit and payment thereof
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 62 — Sets the statutory notice requirement for notice of claim for maternity benefit and payment thereof, including the relevant trigger, recipient and timing conditions. Key operative text: (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating…
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) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her or to such person as she may nominate in the notice and that she will not…
- (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery.
- (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery.
- (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
- (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the Central Government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by…
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery.
- (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the Central Government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within…
Actors expressly appearing in the text
Employer, Central Government, Inspector-cum-Facilitator
Full statutory text — Section 62
62. Notice of claim for maternity benefit and payment thereof.—(1) Any woman employed in an
establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in
writing in such form as may be prescribed by the Central Government, to her employer, stating that her
maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her
or to such person as she may nominate in the notice and that she will not work in any establishment during
the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be
absent from work, not being a date earlier than eight weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as
possible after her delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the
establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be
paid in advance by the employer to the woman on production of such proof as may be prescribed by the
Central Government that the woman is pregnant, and the amount due for the subsequent period shall be
paid by the employer to the woman within forty-eight hours of production of such proof as may be
prescribed by the Central Government that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any
other amount under this Chapter if she is otherwise entitled to such benefit or amount and in any such case
an Inspector-cum-Facilitator may either of his own motion or on an application made to him by the woman,
order the payment of such benefit or amount within such period as may be specified in the order.How to apply this provision
- Primary statutory test — (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her or to such person as she may nominate in the notice and that she will not…
- Additional operative limb — (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery.
- Numerical or timing control — (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery.
- Central Rule mapping — 35. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Prescribed-form link recorded in the corpus — X, XI. Confirm the current notified form/version before filing.
- Evidence file — retain facts and records proving the role/status of: Employer, Central Government, Inspector-cum-Facilitator.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
X, XI
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 62
What does Section 62 of the Social Security Code cover?
Section 62 — Sets the statutory notice requirement for notice of claim for maternity benefit and payment thereof, including the relevant trigger, recipient and timing conditions. Key operative text: (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating…
What is the main legal requirement or power in Section 62?
The first operative clause identified from the official text is: “(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her or to such person as she may nominate in the notice and that she will not…” Read it with the remaining subsections and any proviso below.
Does Section 62 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 62?
The provision contains this numerical/time expression: “(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery.” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 62?
The current concordance maps Section 62 to Central Rule(s) 35.
Is a prescribed form mapped to Section 62?
The current corpus records: X, XI. Confirm the current notified version before filing or service.
Is Section 62 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.