Code on Social Security, 2020 subsumes Maternity Benefit Act, 1961 and mandates creche facilities for establishments with 50+ employees

What happened: Maternity Benefit Act provisions moved into the Code on Social Security, 2020 and creche rules tied to 50+ employee establishments

The Ministry of Labour and Employment informed the government that the provisions of the Maternity Benefit Act, 1961 have been subsumed under the Code on Social Security, 2020. The Code on Social Security, 2020 came into effect on 21.11.2025. A key workplace requirement under the Code is the creche rule under Section 67.

The Rajya Sabha reply (Minister of State for Women and Child Development, Smt. Savitri Thakur) also clarified enforcement responsibility based on the establishment’s jurisdiction (State sphere or Central sphere).

Background and earlier position: maternity protection existed under a separate law before consolidation

Before the Code on Social Security, 2020, maternity protection provisions were contained in the Maternity Benefit Act, 1961. The government statement now places these provisions within a broader labour and social security framework through the Code’s subsuming approach.

What changed now: creche mandate and enforcement split by jurisdiction under the Code