Sections 65 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.
Section 65 gives a woman paid leave after a miscarriage or medical termination of pregnancy, after a tubectomy operation, and for illness arising out of pregnancy or childbirth. Section 66 gives a woman who returns to duty after delivery two nursing breaks a day until the child is fifteen months old.
After a miscarriage or medical termination of pregnancy, a woman gets six weeks' leave with wages at the rate of maternity benefit; after a tubectomy operation, two weeks; and for illness arising out of pregnancy, delivery, premature birth, miscarriage or medical termination, up to one month more (s.65). Each needs the prescribed proof. A woman who returns to work after delivery gets two nursing breaks a day, in addition to her rest interval, until the child is fifteen months old (s.66). Under the Central Rules each break is 15 minutes.
Why it matters
These leaves are easy to miss because they sit beside the main 26-week benefit. They are paid "at the rate of maternity benefit", which means the average daily wage described in section 60, and they need separate leave codes in payroll. An HR team building a leave policy, or a company drafting employment terms, can get help from our employment and labour law advisory team. Also see our older posts on nursing breaks under the Maternity Benefit Act and maternity benefit under the Labour Codes.
Section 65: paid leave for specific events
| Event | Leave | Conditions in the text |
|---|---|---|
| Miscarriage or medical termination of pregnancy (s.65(1)) | Six weeks immediately following the day of the event | Leave with wages at the rate of maternity benefit; proof as prescribed by the Central Government |
| Tubectomy operation (s.65(2)) | Two weeks immediately following the day of the operation | Same rate; proof as prescribed |
| Illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy (s.65(3)) | A maximum of one month, in addition to the absence allowed under section 62 or s.65(1) | Same rate; proof as prescribed |
Three features deserve attention:
- Rate. All three periods are paid at the rate of maternity benefit, not full salary as such. The average daily wage is the average of wages for days worked in the three calendar months before she absents herself, subject to the minimum wage under the Code on Wages, 2019 (see section 60).
- Proof. The Central Rules prescribe a certificate in Form X from a registered medical practitioner, an Accredited Social Health Activist or a qualified Auxiliary Nurse and Midwife (rule 35(1)). Miscarriage may also be proved by a certificate signed by a qualified Auxiliary Nurse and Midwife (rule 35(1)(c)).
- Timing of payment. Rule 35(2)(f) says the wages payable under section 65 are paid to the woman within forty-eight hours of production of the Form X certificate.
The one-month illness leave is an addition. It does not replace the period under section 62 or the six weeks under section 65(1); it is on top of them. The text sets a maximum of one month; it does not say the employer must grant a fixed month in every case, so the length follows the proof of illness.
Note the eighty-day eligibility test of section 60(2) is written into section 60, not section 65. Section 65 itself speaks of "a woman" on production of proof. Whether an employer may apply the test to these leaves is not stated in section 65; the safer reading is to follow the text of section 65 and to take advice where a claim is doubtful.
Section 66: nursing breaks
A woman who is delivered of a child and returns to duty is allowed, in addition to the interval for rest allowed to her, two breaks in the course of her daily work for nursing the child, of such duration as the Central Government prescribes, until the child attains the age of fifteen months.
Under rule 36 of the Central Rules:
- each of the two breaks is 15 minutes;
- an extra sufficient period, depending on the distance to the crèche or the place where children are left, is allowed for the journey, up to 15 minutes;
- a dispute about the extra period goes to the competent authority.
Section 69 adds that no deduction may be made from her normal and usual daily wages by reason only of these nursing breaks (see sections 68 to 70). The breaks work hand in hand with the crèche duty in section 67, which also permits four visits a day to the crèche.
A worked example
Rekha suffers a miscarriage in the fifth month. On production of a Form X certificate she is entitled to six weeks' leave, paid at the rate of maternity benefit, and the employer pays within 48 hours of the certificate. If her doctor certifies illness arising from the miscarriage, she can claim up to one more month. Separately, Sunita returns after delivery; her employer's crèche is 200 metres away. She takes two 15-minute breaks daily and, under rule 36, extra time for the walk up to 15 minutes, until the child turns fifteen months. No wage deduction may be made for those breaks. (Illustrative.)
Which rules apply
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is, the State's own rules on proof and on the duration of nursing breaks apply.
Need help drafting women-employee leave policies?
Leave codes, proof requirements and break timings should match the Code and the rules that apply to your establishment. If you would like a leave and benefits policy checked, our employment and labour law advisory team can help.
Key takeaways
- Six weeks after miscarriage or medical termination; two weeks after tubectomy; up to one month more for pregnancy-related illness.
- All are paid at the rate of maternity benefit, on prescribed proof (Form X in the Central Rules).
- Section 65 wages under the Central Rules are due within 48 hours of the Form X certificate.
- Two nursing breaks a day until the child is 15 months; 15 minutes each, with up to 15 extra minutes for travel.
- No wage deduction for nursing breaks (s.69).
Read next
- Sections 61 to 64: Notice, claim and medical bonus
- Section 67: Crèche facility
- Nursing breaks under the Maternity Benefit Act
- Maternity benefit compliance checklist for employers
Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.