In India, maternity leave is a hotly debated topic, with many women facing significant challenges when it comes to balancing work and motherhood.While the Indian government mandates 26 weeks of paid maternity leave, many women still struggle with the financial and social pressures of taking time off work to care for their newborns.
The reality is that maternity leave is not just a matter of convenience or luxury, but a crucial support for new mothers and their families. The first few months of a child's life are critical for bonding and attachment, and having the time and resources to devote to this important period can have lifelong benefits for both mother and child.
Maternity Benefit Act 1961 –
History
As Mother’s Day is around the corner, I want to write about the law that was a turning point for working women and provided social security and justice to them.
During the industrial revolution, nurtured new opportunities for employment, endorsed advanced technology, and positively impacted the economic cycle. This was the time when women's roles changed drastically. It redefined the role of women at home and opened the door to new opportunities for them as industrial wage employees. The working conditions in industries were harsh, the use of dangerous and complicated machines was there and the temperature was hot. We all know that pregnancy and childbirth changes a women’s body and makes it difficult for her to work.
In 1919, the ILO convention was the first to approve the convention of "Protection of Motherhood". According to the Government of India In 1921, it was impossible to sanction the convention passed by ILO in 1919 due to multiple reasons. In 1924, a private member brought a bill in Infront of the Central Legislative Assembly which urged the government to make it obligatory for companies/industries/employers to offer maternity benefits to women employees. The government of India rejected the bill because legalizing it would result adversely in the employment of women.
After the rejection of the Bill by the government of India, The Royal Commission on Labour emphasized the need for appropriate maternity legislation, at least for women working permanently in non-seasonal factories. Because the Government of India was not able to act on these recommendations, the regional governments took the lead. The first state government to pass the act was the Government of Bombay, way back in 1926, followed by Central Provinces, Madras, U.P., Bengal and some others. There was a variation in the maternity leave period, the various benefits and the eligibility criteria in different provinces. To reduce the discrepancies relating to maternity protection under various provincial or State enactments, the Central Government finally approved the Maternity Benefit Act in 1961.
This is an act that monitors and protects the employment of females in specific organizations for a certain time before and after childbirth. It allows women personnel of ‘maternity benefit’ which is fully paid throughout the absence from work and to take care of their child. The Act is valid for establishments employing 10 or more employees. The services of a woman worker cannot be terminated during the maternity leave period, except for gross misconduct. Twelve weeks of maximum leave can be availed during pregnancy. Out of which, 6 weeks' leaves should be taken before the due date and 6 weeks post childbirth. Only a woman who has worked in the organization not less than 80 days in the twelve months immediately preceding the day of her expected delivery. Only working days are taken into account when calculating these 80 days. Weekly holidays and all leave - paid or unpaid - are not included.
The Act is valid for the whole of India and applies to every institution, factory, mine or plantation, including any such establishment belonging to the government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.
The woman eligible for maternity benefits is also eligible for a medical bonus of rupees two hundred and fifty if no pre-natal and post-natal care have provided for by the employer free of charge.
In case of miscarriage, a woman is eligible for six weeks' leave with pay from the day of miscarriage. She must give notice along with a certificate of miscarriage.
The key aspect of Maternity Benefits Act Amendments 2017 are
(i) The paid maternity leave has been increased from 12 weeks to 26 weeks for women employees, except if they have two or more surviving children;
(ii) The acknowledgement of the constitutional rights of a mother who is adopting and of an expecting mother (using a surrogate to bear a child) for the first time, who can now claim paid maternity leave for 12 weeks;
(iii) A “work from home” option that may be of benefit after the maternity leave expires;
(iv) Mandatory crèche (daycare) facilities for every institution/company/establishment employing 50 or more employees, along with the right of mothers to visit the crèche four times per day.
Unfortunately, many women in India face significant challenges when it comes to accessing and taking maternity leave. Employers may not offer paid leave, or may penalize women for taking time off work. Women who do take maternity leave may face discrimination or stigmatization in the workplace, which can have a negative impact on their career prospects and future earning potential.
It's important that we recognize and honor the value and importance of maternity leave in India. By offering support, resources, and empathy, we can help new mothers to navigate the challenges of balancing work and family responsibilities and create a world where motherhood is celebrated and supported. Together, we can create a society where every mother can take the time she needs to bond with her baby and thrive in her career.
