Beyond Maternity Leave: An Analysis of the Effectiveness of Chapter VI of The Code on Social Security, 2020, in facilitating Workplace Reintegration for Mothers

The research titled “Beyond Maternity Leave: An Analysis of the Effectiveness of Chapter VI of the Code on Social Security, 2020 in Facilitating Workplace Reintegration for Mothers” examines how far the provisions relating to maternity benefit under Chapter VI (Sections 59 to 72) of the Code on Social Security, 2020, effectively support working mothers in resuming their professional roles after childbirth. While the Code has consolidated and strengthened the earlier framework by expanding maternity leave to 26 weeks for the first two children, introducing progressive provisions such as creche facilities, nursing breaks, protection against dismissal, and benefits for adoptive and commissioning mothers, the practical impact on women’s reintegration remains uncertain. The study addresses three central research questions: (1) To what extent do the provisions under Chapter VI of the Code on Social Security, 2020 achieve their stated goal of protecting women’s employment and promoting workplace equality? (2) What challenges do working mothers face in returning to work despite the legal safeguards provided in the Code? (3) How do employers across different sectors perceive and implement the provisions of Chapter VI of the Code on Social Security, 2020? The chapter employs both doctrinal and empirical methodologies. The doctrinal analysis explores statutory provisions, judicial interpretations, and policy developments to assess the legal framework governing maternity benefits in India. The empirical component involves interviews with working mothers from various sectors, public, private, and informal, to understand their lived experiences of workplace reintegration. This mixed-method approach aims to bridge the gap between law in books and law in practice. Preliminary findings suggest that while the code offers an important legal foundation for maternity protection, its effectiveness is limited by inconsistent enforcement, inadequate employer compliance, and persistent cultural biases against working mothers. Many women report difficulties in career progression, lack of flexible work arrangements, and subtle forms of workplace discrimination post-maternity. The research argues that true reintegration requires not only legal safeguards but also institutional reforms that promote supportive workplace cultures, shared parental responsibilities, and accountability mechanisms for employers. By combining doctrinal clarity with real-world experiences, this study contributes to the broader discourse on gender equality, labour law, and social inclusion. It proposes policy recommendations to ensure that maternity protection evolves from a statutory entitlement to a meaningful guarantee of women’s continued participation in the workforce.