Section 65: Leave for illness arising out of pregnancy

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

Legal Commentary & Landmark Judgments: Section 65

Section 65 of the Code provides for up to one month of additional paid leave for female employees suffering from illness arising out of pregnancy, delivery, premature birth, or miscarriage, over and above standard maternity leave periods.

  • Additional One Month Paid Medical Leave: Grants an additional month of paid leave for women suffering from certified clinical complications arising from pregnancy or childbirth.
  • Evidentiary Prerequisite of Medical Certification: Requires the employee to furnish a medical certificate from an authorized medical practitioner establishing that the illness arises directly out of pregnancy or delivery complications.
  • Protection Against Disciplinary Action: Strictly prohibits employers from treating this additional medical leave as unauthorized absence or initiating disciplinary inquiries during this period.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court underscored that statutory social security must accommodate postpartum health complications to ensure full maternal recovery.
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Affirmed that beneficial maternity leave provisions must be liberally construed to protect female employment continuity.
  • Dr. Kavita Yadav v. Secretary, Ministry of Health (2024) 1 SCC 421: Affirmed that pregnancy-related illness cannot be penalized through employment termination.
Courtroom Practice & Strategic Litigation Guidance:

Where an employee requests extended leave post-maternity supported by a physician's certificate noting postpartum depression, eclampsia, or surgical healing issues, approve thirty days of additional paid leave under Section 65 before requiring the use of earned leave balances.