Maternity Benefits and Women Workers Under New Labour Codes

India’s new Labour Codes are expected to bring major reforms in employment laws. Many employees and employers are especially concerned about one important issue:

Will maternity benefits and protections for women workers change under the new Labour Codes?

It is important to clarify that maternity rights are a key part of labour welfare, and the law continues to protect them strongly.

 

Do the New Labour Codes Remove Maternity Benefits?

The answer is No.

Legal Position

Maternity benefits in India are mainly governed by the:

Maternity Benefit Act, 1961

The new Labour Codes do not remove this Act.

Therefore:

• Existing maternity benefits remain applicable
• Women employees will continue to receive statutory maternity leave
• Employers must still comply with maternity welfare provisions

 

How Much Maternity Leave is Allowed?

Under current law, a woman employee is entitled to:

26 weeks of paid maternity leave

This applies if:

• The establishment has 10 or more employees
• The woman is having her first or second child

For women having two or more children:

• Leave is reduced to 12 weeks

 

This is one of the strongest maternity protections provided under Indian labour law and is not reduced under the new Codes.

 

 Important Maternity Benefits

Apart from leave, women employees are also entitled to additional benefits such as:

Work from Home Option

After maternity leave, employers may allow work from home depending on the nature of work.

Crèche Facility

Companies with 50 or more employees must provide a crèche facility.

 Medical Bonus

If the employer does not provide free medical care, a medical bonus must be paid.

 

Women Workers and New Labour Codes

Although maternity benefits remain under the Maternity Benefit Act, the new Labour Codes introduce broader protections for women workers.

These are mainly covered under the:

Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code)

 

Night Shift Rules for Women

One significant change under the OSH Code is that:

Women may be allowed to work night shifts

However, this is allowed only if:

• The woman gives her consent
• Proper safety measures are provided
• Transportation facilities are ensured
• State government rules are followed

Legal Perspective

This provision promotes equality, but employers must ensure safety and dignity at the workplace.

 

Workplace Safety and Welfare Measures

The OSH Code requires employers to provide a safe working environment for women, including:

• Clean and hygienic workplace
• Separate washrooms
• Protection against unsafe working conditions
• Compliance with harassment prevention laws

 

Social Security Benefits for Women Workers

The Social Security Code, 2020 strengthens access to benefits such as:

• Provident Fund (PF)
• ESIC medical benefits
• Maternity-related healthcare coverage

 

Equal Pay and Non-Discrimination

The new Wage Code also reinforces that:

• Women must receive equal wages for equal work
• Discrimination in employment conditions is prohibited

This remains a core principle of labour law in India.

 

From a legal point of view:

• Maternity benefits remain fully protected
• 26 weeks paid leave continues
• Women workers get broader workplace safety rights
• Night work is allowed only with safeguards
• Employers must update HR and compliance policies

 

 

The new Labour Codes do not weaken maternity benefits. Instead, they aim to improve:

• Women’s participation in the workforce
• Workplace safety and welfare
• Social security coverage

Both employers and employees should stay informed as the Codes are implemented through state-level rules.