Maternity Benefit (Amendment) Act, 2017

The amendments to the Maternity Benefit Act, which were introduced this year, in particular the provision of 26 weeks of paid maternity leave and the mandatory creche facility, are path-breaking, but there are concerns over their feasibility.

applicable to all establishments employing 10 or more persons
maternity benefit of 26 weeks (earlier 12)
can be availed before 8 weeks from the date of expected delivery (earlier 6)
woman who has two or more children, the maternity benefit will continue to be 12 weeks, which cannot be availed before 6 weeks from the date of the expected delivery
12 weeks of maternity leave to –

a woman who legally adopts a child below three months of age

a commissioning mother (biological mother who uses her egg to create an embryo implanted in another woman)

an employer may permit a woman to work from home even after the leave period
50 or more employees – mandatory to provide creche facilities within a prescribed distance
Informing women employees of the right to maternity leave at the time of her appointment

Pros

maternity leave of 26 weeks exceeds ILO’s minimum standard of 14 weeks
will help 18 lakh women workforce in organised sector
help women devote time to bond with their babies
breastfeed leading to enhanced nutrition & immunity – lower IMR
increase the women’s labour force participation rate in India

Cons

perpetuates gender role stereotypes as is silent on paternity leave issue
recognizes mothers as primary care giver and ignores role of father in childcare
ignores single father or transgender who might want to adopt a child
may deter employers from hiring female work force, perpetuating gender in employment
may lead employers to pay men more than the women due to different work conditions – weakens DPSP
Smaller companies may struggle to meet the increased financial burden
provisions are limited to the organized sector, thus benefitting 20.5 % of working women
women may lose touch with work-related developments & will lag behind their colleagues after resumption

Why Maternity leaves are Important?

Six month of breastfeeding is important for the infant to develop immunity against diseases – lower IMR
Article 42 of the Constitution guarantees maternity benefits to all working women
WHO emphasize that a baby needs to be nursed by its mother for a minimum of six months

Way Forward

To ensure equality amendment should extend to both parents – can share leaves as done in other countries
amendment should also extend to women working in unorganized sector
Follow Singapore Model – half reimbursement by employer & half by government
After resumption, employer should offer light workload, flexible working hours, & work from home facility for the first few weeks. This will give them time to pick the pace without getting discouraged.

Paternity leave

Paid or unpaid leave given to male employees when they become a parent
Public sector grants 15 days of paternity leave while there is no law on paternity leave in private sector

Pros

Involvement of both parents crucial in the wake of increasing number of nuclear families
Would lead to a gender balanced approach towards care giving and unpaid work
May reduce women taking career break due to pregnancy