Andhra Pradesh explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter V of the Code on Social Security (Andhra Pradesh) Rules, 2026 covers how maternity benefit is claimed and proved, the length of nursing breaks, the crèche an establishment must maintain and its standards, what counts as gross misconduct for denying benefit, and how a woman complains to the Inspector-cum-Facilitator.
If you are setting up a crèche or revising a maternity policy, our employment and labour law advisory team can help you check it against these rules.
The rules are the Code on Social Security (Andhra Pradesh) Rules, 2026, as notified by G.O.Rt.No.126 dated 7 July 2026. A woman gives notice in Form-IX and proves pregnancy or delivery by a Form-VIII certificate. Each of the two nursing breaks is 15 minutes, with up to 15 minutes extra for travel (rule 23). A crèche is required where fifty or more employees are ordinarily employed (rule 24). Wages for leave under section 65 are paid within forty-eight hours of the Form-X certificate (rule 22(2)(f)).
Notification and commencement
The rules are the Code on Social Security (Andhra Pradesh) Rules, 2026, as notified by G.O.Rt.No.126 dated 7 July 2026. Later amendments and State notifications under these rules should be checked in the State Gazette. Rule 1(2) says they come into force on the date of their publication in the Official Gazette; the four Labour Codes were brought into force from 21 November 2025. Gratuity under the same rules is in our previous article.
Proof and notice of claim (rule 22)
The Central rules are rules 34 and 35. The Andhra Pradesh rule provides:
- Proof (rule 22(1)). Pregnancy, delivery, miscarriage, medical termination of pregnancy, tubectomy, or illness arising from these is proved by a certificate in Form-VIII from a registered medical practitioner, an Accredited Social Health Activist or a qualified Auxiliary Nurse and Midwife. Confinement may also be proved by a birth certificate from the municipality or gram panchayat, a birth register extract, or a certificate signed by an ASHA, ANM, Gram Pradhan, Village Administrative Officer or authorised municipal officer. Miscarriage may be proved by an ANM certificate. A death of a woman or child is proved by a Form-VIII certificate or a certified extract from a death register.
- Notice (rule 22(2)(a)). A woman entitled to the benefit gives notice in Form-IX. The employer pays the benefit and other amounts due to her, or on her death to the nominee named in the notice, or failing one to her legal representative. A plain paper or electronic application with relevant particulars may be accepted at the employer's discretion, and no claim is invalid merely because the specified form was not used.
- Doubt and deposit (rule 22(2)(b)). In case of doubt the amount is deposited by the employer within two months of the woman's death with the competent authority, who pays the person entitled.
- Receipt (rule 22(2)(c)). The employer obtains a receipt in Form-IX from the payee, or the competent authority gives the employer one.
- Medical bonus (rule 22(2)(d)). Paid along with the second instalment of the maternity benefit.
- After death (rule 22(2)(e)). Benefit or other amounts under section 63 are paid within two months of the woman's death.
- Leave wages (rule 22(2)(f)). Wages under section 65 are paid within forty-eight hours of production of the Form-X certificate.
Nursing breaks (rule 23)
Each of the two breaks in section 66 is 15 minutes. An extra period, "depending upon the distance to be covered", is allowed for the journey to and from the crèche or the place where children are left, "provided that such extra period shall be up to 15 minutes". A dispute about the extra period goes to the competent authority. The Central rule is rules 36 and 37.
The crèche facility (rule 24)
In every establishment where fifty or more employees are ordinarily employed, a crèche is provided and maintained for children under six years of age of such employees. The criteria in rule 24(2) are:
| Standard | As printed |
|---|---|
| Location | Within one kilometre of the establishment, conveniently accessible; the competent authority may relax this for establishments in notified industrial parks or areas where a common crèche is provided and easily accessible |
| Building | Safe and rain proof |
| Space | At least ten square feet of floor area per child; a suitably fenced play area |
| Hours | Corresponding to the working hours of the employees; may work in shifts |
| Staffing | In the charge of a woman with midwifery qualification or training as attendant; where children exceed ten, female ayahs at one ayah for every ten children up to six years |
| Furnishing | Sufficient cots, beds, cotton sheets, rubber sheets, blankets, pillows, toys and the like |
| Feeding | Suitable arrangement for female employees to feed children below fifteen months of age during the intervals |
| Sanitation | Adequate bathrooms, toilets, washbasins, clean towels and soap |
| First aid | Kept in proper condition under supervision of trained female staff |
| Kitchen and food | A kitchen with utensils for boiling milk and preparing refreshments; drinking water, milk and wholesome refreshments for the children |
Crèche allowance. Where there is a sole negotiating union or negotiating council under section 14 of the Industrial Relations Code, 2020, it may enter into an agreement with the employer that the crèche facility is provided, and if it is not provided, eligible employees (women, widowers or single parents with children below six) are paid a crèche allowance every month. Where there is no such union or council, the majority of employees may make that agreement. In both cases the allowance "shall not be less than rupees five hundred per month per child or such amount as may be notified by the Central Government from time to time", and is admissible for two children only, except where more than two arise from a second birth resulting in multiple births. Our Central post on the facility is rule 58 of the OSH Central Rules.
Gross misconduct and appeal (rule 25)
For the second proviso to section 68(1), gross misconduct means: wilful destruction of the employer's goods or property; assaulting a superior or co-employee at the place of work; a criminal offence involving moral turpitude resulting in conviction; theft, fraud or dishonesty in connection with the employer's business or property; and wilful non-observance of safety measures or wilful interference with safety devices or firefighting equipment. An appeal under section 68(2) lies to the competent authority in Form-X, in writing, handed over, sent under registered cover or electronically. The authority obtains the employer's reply and documents by a fixed date, and may decide ex parte if the employer does not reply or produce documents in time.
Complaint before the Inspector-cum-Facilitator (rules 26 and 27)
- Complaint. Under section 72(1), in writing in Form-XI to the Inspector-cum-Facilitator having jurisdiction, who examines the employer's records, examines persons employed and, if satisfied that benefit has been improperly withheld or the woman discharged or dismissed, directs payment and passes such order as he deems fit "immediately but not exceeding period of 45 days".
- Appeal. Against the Inspector-cum-Facilitator's decision, an appeal in writing in Form-XI lies to the competent authority. One drafting point to watch: in the appended Forms, the Form headed "Complaint to the Inspector-cum-Facilitator" is numbered Form X and the Form headed "Appeal" is numbered Form XI, while rule 26(1) names Form-XI for the complaint and rules 22 and 25 refer to Form-X for the leave certificate and the appeal. Use the Form headed for the purpose and confirm the numbering in the Gazette.
- Inspection checks (rule 27). At each inspection the Inspector-cum-Facilitator checks action on notices under section 62, the register of women employees (Form XX), any discharge or dismissal contrary to section 68, compliance with the listed sections, and any deprival of benefit or bonus. On finding irregularities he orders rectification within fifteen days of receipt and a compliance report.
- Copies of forms. The employer supplies to every woman on request, without charge, copies of Forms VIII, IX, X and XI.
- Wrong form. A woman's right is not affected if she uses the wrong form; the authority may, within fifteen days, ask her to submit it in the specified form.
- Abstract. The abstract of Chapter VI of the Code and the Central rules is exhibited in Form-XII.
A worked example
Coastal Garments, an invented factory in Kakinada with a workforce of more than fifty, runs a crèche on its own premises. An employee gives notice in Form-IX with a Form-VIII certificate from a registered medical practitioner. The factory pays the first instalment, pays the medical bonus with the second, and allows two nursing breaks of 15 minutes, with up to 15 minutes extra because the crèche is in an adjoining block. When another employee submits her complaint on plain paper, the factory does not refuse it; the authority asks her to use Form-XI within fifteen days.
Common lapses
- Refusing a claim because it is on plain paper.
- Locating a crèche beyond one kilometre without the competent authority's relaxation.
- Paying the medical bonus separately from the second instalment.
- Treating a crèche allowance as optional once the agreement exists and no crèche is provided.
- Failing to keep the register of women employees (Form XX).
Need help with maternity and crèche compliance?
Maternity claims, crèche standards and the crèche allowance agreement each have precise numbers. Our employment and labour law advisory team can review your policy and facilities.
Key takeaways
- Form-VIII certificate; Form-IX notice; Form-X for leave wages within forty-eight hours.
- Two nursing breaks of 15 minutes, plus up to 15 minutes for travel.
- Crèche for fifty or more employees; ten square feet per child; within one kilometre.
- Crèche allowance not less than rupees five hundred per month per child, for two children.
- Complaints in Form-XI; the Inspector-cum-Facilitator decides within 45 days.
Read next
- Code on Social Security (Andhra Pradesh) Rules, 2026: gratuity nomination, application and appeal
- Code on Social Security (Andhra Pradesh) Rules, 2026: authorities, compounding, cess and vacancy reporting
- Rules 36 and 37 of the Social Security Central Rules, 2026: nursing breaks and crèche
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.