Key points
- Women working on contract (samvida) or through an outsourcing agency are covered by national maternity law: up to 26 weeks of paid maternity leave for the first two children, if they have worked at least 80 days in the 12 months before the expected delivery.
- Uttar Pradesh's outsourcing policy promises outsourced women 180 days of paid maternity leave for up to two children and 42 days in case of miscarriage, without a cut in pay.
- If you are covered by ESIC, the maternity cash benefit (full average daily wage for 26 weeks) is paid by ESIC itself.
- The Supreme Court has held that maternity benefit does not stop just because a contract ends during the benefit period.
- Removing a woman from work because of her pregnancy or during maternity leave is unlawful.
For a woman on a short contract, pregnancy often brings a frightening question: will the job still be there? Many samvida and outsourced women in Uttar Pradesh have been told — wrongly — that maternity leave is only for permanent government employees, or that they must resign and “reapply later”.
The law says otherwise. This guide explains which rules apply to you, how much leave and pay you are entitled to, who pays it, what to do step by step, and where to turn if your employer or agency refuses.
Please note: This is general information. Your exact entitlement depends on whether you are employed directly by a department, through an agency, or under a scheme, and on whether you are insured under ESIC. Keep copies of everything you submit.
Three layers of protection
Three sets of rules can apply to a samvida or outsourced woman worker in UP. They overlap, and where they differ, you are entitled to the more generous one.
1. National maternity law
The Maternity Benefit Act, 1961 — whose provisions now sit in the Code on Social Security, 2020, in force since 21 November 2025 — applies to factories, shops and other establishments with ten or more employees, and covers women whether they are permanent, temporary, contractual or supplied through an agency. Its main features:
- 26 weeks of paid leave for the first two children, of which up to 8 weeks can be taken before the expected date of delivery.
- 12 weeks for a third or later child.
- Eligibility: at least 80 days of actual work for that employer in the 12 months immediately before the expected delivery date.
- Pay: the average daily wage for the period of absence.
- 6 weeks of paid leave after a miscarriage or medical termination of pregnancy.
- 12 weeks for a woman who legally adopts a child below three months of age, and for a commissioning mother.
- Nursing breaks after returning to work, and crèche facilities in establishments with 50 or more employees.
- An employer cannot dismiss or discharge a woman during, or because of, her maternity absence.
2. ESIC maternity benefit
If your gross wage is ₹21,000 a month or less, you should be insured under the Employees' State Insurance scheme, and the maternity cash benefit then comes from ESIC rather than your employer:
- Full average daily wages for 26 weeks (raised from 12 weeks in January 2017).
- 6 weeks in case of miscarriage, and an extra month if a pregnancy-related illness is certified.
- Eligibility: contributions paid for at least 70 days in the two consecutive contribution periods just before the benefit period.
- Free medical care for delivery at ESIC hospitals and dispensaries.
See ESIC benefits explained for how to check that your contributions are actually being deposited — missing deposits are the most common reason maternity claims get stuck.
3. UP's policy for outsourced women
When the state announced its new outsourcing framework in March 2025, it said women employed through outsourcing would get 180 days (about six months) of paid maternity leave for up to two children, 42 days of special leave after a miscarriage, no cut in salary during the leave, and protection of their job while they are away. The cabinet's September 2025 approval of the Uttar Pradesh Outsource Sewa Nigam (UPCOS) listed maternity leave as a right of women employees, and the corporation's launch in September 2026 repeated that statutory benefits including maternity leave would be ensured.
One report on the 2025 announcement mentioned a minimum of 80 days of service before the leave — the same condition as national law.
Which rule gives what
| National law (MB Act / Social Security Code) | ESIC (if insured) | UP outsourcing policy | |
|---|---|---|---|
| Leave for 1st and 2nd child | 26 weeks (182 days) | 26 weeks of cash benefit | 180 days |
| 3rd or later child | 12 weeks | As per ESIC rules | Not stated |
| Miscarriage | 6 weeks | 6 weeks | 42 days (6 weeks) |
| Who pays | Employer (your agency or department) | ESIC | No pay cut during leave |
| Qualifying service | 80 days in previous 12 months | 70 days' contributions in two contribution periods | 80 days (as reported) |
What about regular government employees?
Women in regular state service follow the UP Financial Handbook. In August 2026 the state cabinet amended Rule 153(1) so that female government employees can take 180 days of maternity leave twice during their career without the earlier condition of a two-year gap between the two, and extended the same 180 days to adoptive mothers. The change followed Allahabad High Court decisions in July and August 2026 holding that the state's executive rules cannot override central maternity law. Those rules apply to regular employees, but the reasoning — that the central law sets the floor — helps contract and outsourced women too.
“My contract ends before my leave does”
This situation is common for women on one-year contracts, and the Supreme Court has addressed it directly. In Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare (17 August 2023), a contractual doctor's employer paid maternity benefit only until her contract's end date. The Court held that the benefit “can travel beyond the term of employment” and is not tied to the contract period, and ordered the full benefit to be paid.
So if your contract is due to end in the middle of your maternity leave, you are still entitled to the full benefit for the period the law allows. A decision not to renew your contract because you are pregnant is a separate wrong you can challenge.
Step by step: claiming maternity leave
- Give written notice. Write to your supervisor and your agency (or department) with your expected delivery date and the date you want your leave to start. Attach a doctor's certificate. Ask for a signed or stamped receiving copy, or send it by email so there is a date record.
- Check ESIC status. Find your IP (insured person) number on your pay slip or e-Pehchan card. If you are insured, maternity cash benefit is claimed through your ESIC branch office with the medical certificates ESIC requires.
- Confirm pay arrangements in writing. Ask who will pay during your leave — ESIC, the agency or the department — and from which date. “We'll see later” is not an answer.
- Keep records during the leave. Note any payment received, and keep the birth certificate and discharge summary.
- Return to work. Inform your employer of your joining date in writing. Ask about nursing breaks and crèche facilities if your workplace has 50 or more employees.
If your claim is refused or you are removed
- Ask for the refusal in writing, with the reason. Most refusals do not survive being written down.
- File a complaint on the UPCOS grievance system if you are outsourced staff in a state department. It gives you a trackable complaint record. Our grievance filing guide shows how to write one.
- Approach the Labour Department. The inspector-cum-facilitator under the labour codes can act on complaints about unpaid maternity benefit or unlawful dismissal.
- Women Helpline 181 in Uttar Pradesh can guide you on next steps and support services.
- Get legal help through your District Legal Services Authority, which provides free legal aid to women.
Other leave for samvida and outsourced staff
Casual and medical leave for contract workers depends on the contract, the department's order or the UPCOS terms — ask for your leave entitlement in writing when you join. If you are ESIC-insured, illness certified by an ESIC doctor gives a sickness cash benefit of 70% of wages for up to 91 days in a year, and longer “extended sickness benefit” for certain long-term diseases. Under the labour codes, workers in establishments also earn paid annual leave after 180 days of work in a year.
Frequently asked questions
Yes. National maternity law covers women employed directly or through an agency, and UP's outsourcing policy promises outsourced women 180 days of paid maternity leave for up to two children, with 42 days of leave after a miscarriage.
Under the Maternity Benefit Act (now part of the Code on Social Security), you need at least 80 days of actual work with the employer in the 12 months before the expected delivery date. For ESIC maternity benefit, contributions must have been paid for at least 70 days in the two preceding contribution periods.
If you are insured under ESIC, ESIC pays the maternity cash benefit at your full average daily wage. If you are not, the employer — your agency or department — must pay it.
No. In Kavita Yadav v. Ministry of Health (2023), the Supreme Court held that maternity benefit can extend beyond the end of a contract and ordered the full benefit to be paid.
No. Dismissing or discharging a woman during or because of her maternity absence is prohibited. Ask for any such decision in writing and complain through the UPCOS grievance system, the Labour Department or Women Helpline 181.
Six weeks (42 days) of paid leave under national law and ESIC, which matches the 42 days announced in UP's outsourcing policy.
Sources
- Bansal News — 180 days maternity leave for outsourced women employees in UP (March 2025)
- Subkuz — UP announces 180-day maternity leave and 42-day miscarriage leave for outsourced workers
- Amar Ujala — Cabinet approves Outsource Sewa Nigam, including maternity leave (2 September 2025)
- LiveLaw — Supreme Court: maternity benefit can extend beyond contract term (Kavita Yadav)
- Current Affairs Pulse — UP allows 180-day maternity leave twice, drops two-year gap (August 2026)
- Ministry of Labour (PIB) — ESIC maternity benefit of 26 weeks and contribution conditions