Contents of the Social Security Code

The Code on Social Security, 2020

Section 65. Leave for miscarriage, etc

In force since 21 Nov 2025Chapter VI — Maternity Benefit

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In simple words

  • After a miscarriage or medical termination of pregnancy, a woman gets six weeks of leave with wages at the maternity benefit rate s. 65(1).
  • After a tubectomy operation, she gets two weeks s. 65(2).
  • For illness arising from pregnancy, delivery, premature birth, miscarriage or termination, she gets up to a month more s. 65(3).

An explanation, not the law. The official text below prevails.

Official text

(1) In case of miscarriage, or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.

(2) In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.

(3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the Central Government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period of one month.

Source: The Code on Social Security, 2020, Act No. 36 of 2020 — Gazette of India, p. 48 of the PDF. Open our copy at p. 48 · official download · all sources

Explained simply in: Maternity benefit guide

Commencement In force since 21 Nov 2025

Notification wording (1)
  • S.O. 5319(E), in force from 21 Nov 2025: “sections 17 to 141”