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Section 60: Right to payment of maternity benefit

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Maternity Benefit
Competent Labour Forum
Act No. 36 of 2020
Section 59 All 163 Sections of Code on Social Security, 2020 Section 61

Legal Commentary & Landmark Judgments: Section 60

Section 60 of the Code establishes the fundamental right of female employees to receive maternity benefit, entitling women who have worked for eighty days in the twelve months preceding delivery to twenty-six weeks of paid maternity leave at the average daily wage.

  • Eighty-Day Continuous Service Threshold: Establishes a baseline eligibility requirement of eighty days of employment in the twelve months immediately preceding the expected delivery date.
  • Twenty-Six Weeks Paid Maternity Leave: Guarantees twenty-six weeks of paid leave for up to two surviving children, of which not more than eight weeks shall precede the expected delivery date (twelve weeks for three or more surviving children).
  • Comprehensive Coverage of All Female Workers: Applies universally across factories, mines, plantations, shops, establishments, and gig/platform workforces, regardless of contract or casual designation.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Landmark ruling: Supreme Court held that maternity benefits are integral to human dignity and gender justice under Articles 14, 15, and 21; daily wage and muster-roll women workers are entitled to maternity leave on par with regular employees.
  • Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare (2024) 1 SCC 421: Supreme Court held that a contractual female employee whose contract expires during pregnancy is entitled to full maternity benefits extending beyond the expiration of her contract.
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Supreme Court held that maternity benefit wages must include payment for all Sundays and rest days occurring within the leave period.
Courtroom Practice & Strategic Litigation Guidance:

Never terminate, non-renew, or withhold wages of a female contractual or fixed-term employee upon receiving pregnancy notification. Under Kavita Yadav, the statutory right to twenty-six weeks of paid maternity benefit survives contract termination and must be disbursed in full.

Section 59 All 163 Sections of Code on Social Security, 2020 Section 61