Section 68: Dismissal for absence during pregnancy
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 68 — Governs dismissal for absence during pregnancy and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of…
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) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:
- Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:
- Provided further that where the dismissal is for any gross misconduct as may be prescribed by the Central Government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both.
- (2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical…
Provisos, explanations & qualifications
- Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Thresholds and timelines in the text
- Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary…
- (2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or…
Actors expressly appearing in the text
Employer, Central Government, Authority / officer
Full statutory text — Section 68
68. Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in
accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss
her during or on account of such absence or to give notice of discharge or dismissal on such a day that the
notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:
Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman
but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under
this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided further that where the dismissal is for any gross misconduct as may be prescribed by the
Central Government, the employer may, by order in writing, communicated to the woman, deprive her of
the maternity benefit or medical bonus, or both.
(2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed
under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge
or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority
on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus
or both, or discharged or dismissed, shall be final.How to apply this provision
- Primary statutory test — (1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:
- Additional operative limb — Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:
- Qualification / exception to test — Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:
- Numerical or timing control — Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary…
- Central Rule mapping — 38. 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 — XII. Confirm the current notified form/version before filing.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
XII
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
For a worker/member seeking a benefit connected with dismissal for absence during pregnancy, the file should show coverage, service/contribution facts, the rule/scheme and prescribed form, and the calculation/payment. One statutory point to test is: “Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 38. Use the current notified XII where the process requires it.
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 68
What does Section 68 of the Social Security Code cover?
Section 68 — Governs dismissal for absence during pregnancy and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of…
What is the main legal requirement or power in Section 68?
The first operative clause identified from the official text is: “(1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:” Read it with the remaining subsections and any proviso below.
Does Section 68 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:”
What time limit, percentage or amount appears in Section 68?
The provision contains this numerical/time expression: “Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 68?
The current concordance maps Section 68 to Central Rule(s) 38.
Is a prescribed form mapped to Section 68?
The current corpus records: XII. Confirm the current notified version before filing or service.
Is Section 68 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.