Maternity Benefit Act, 1961 and Factories Act, 1948

A woman working in a garment unit in Bhiwandi or an office in BKC finds out she is pregnant. Her first questions are practical. How long can she stay away from work? Will she be paid? Can the employer dismiss her? Will there be a crèche when she returns? These are the questions the Maternity Benefit Act, 1961 answered for over sixty years, together with the women-specific rules in the Factories Act, 1948. Both names still appear in the syllabus, but both laws have now been taken into the new labour codes. A student must know the rules and also where they now sit.

In two minutes

Maternity protection at work has four strands: a bar on work for six weeks after delivery, paid leave of up to twenty-six weeks for a first or second child, security against dismissal, and welfare facilities such as nursing breaks and crèches; since 21 November 2025 these sit in Chapter VI of the Code on Social Security 2020, which repeals the 1961 Act.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Law Relating to Women and Children on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.