ANALYSIS OF THE LATEST AMENDMENTS IN THE MATERNITY BENEFIT

LAWS OF THE COUNTRY TO MOTHER AS WELL AS FATHER

- MEHAK AGGARWAL

ABSTRACT
INTRODUCTION

In order to protect the rights of women employees during pregnancy and childbirth, Indian
law makes it mandatory for most establishments to offer maternity benefits to women
employees.
Maternity benefit in India is mainly governed by maternity benefit Act, 1961. A maternity
benefit is one that every woman shall be entitled to, and her employer shall be liable for, the
payment of maternity benefit, which is the amount payable to her at the rate of the average
daily wage for the period of her actual absence. There is need for maternity benefits so that a
woman is to be able to give quality time to her child without having to worry about whether
she will lose her job and her source of income. The women need to be withdrawn from the
workforce during pregnancy and after the birth also they need the steady income for medical
expenses etc. and therefore to preserve her health law should make provisions for maternity
benefit so women can ensure their productivity as well as reproductivity. Maternity benefits
were first recognized when the Maternity Protection Conference was held by the International
Labour Organization in 1919. As per Maternity Benefits Act, 1961 which was assented by
President on 12th December, 1961 and published in Gazette of India, the object is “to
regulate the employment of 10 women in certain establishments for certain period before and
after child-birth and to provide for maternity benefit and certain other benefits.’’
The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post
facto approval for amendments to the Maternity Benefit Act, 1961 by introducing the
Maternity Benefit (Amendment) Bill, 2016 in Parliament and the same has come into as the
Maternity Benefit (Amendment) Act, 2016 from April 01, 2017. The option to “work from
home” will come to effect from July 01, 2017. The maternity benefit Act 1961 protects the
employment of women during the time of her maternity and entitles her of a 'maternity
benefit' - i.e. full paid absence from work - to take care for her child

NEED

With the advent of modern age, as the number of women employees is growing, the
maternity leave and other maternity benefits are becoming increasingly common.

But there was no beneficial piece of legislation in the horizon which is intended to achieve
the object of doing social justice to women workers employed in factories, mines and
plantation.

The object of maternity benefit act,1961 was to provide maternity leave and benefit to
women employee and protect their dignity of motherhood by providing for full and healthy
maintenance of women and her childhood.

APPLICABILITY OF MATERNITY BENEFIT ACT, 1960

The Act is to regulate the employment of women in certain establishments for certain period
before and after child-birth and to provide for maternity benefit and certain other benefits.

 It applies to every establishment being a factory, mine or plantation including any

such establishment belonging to Government and to every establishment wherein
persons are employed for the exhibition of equestrian, acrobatic and other
performances.
  It will also apply to every shop or establishment within the meaning of any law for the
time being in force in relation to shops and establishments in a State, in which ten or
more persons are employed on any day of the preceding twelve months.

ELIGIBILITY:

As per the Act, to be eligible for maternity benefit, a woman must have been working as an
employee in an establishment for a period of at least 80 days in the past 12 months.

KEY AMENDMENTS TO THE ACT

The provisions of The Maternity Benefit (Amendment) Act, 2017 is effective from April 01,
2017.

1. Increased Paid Maternity Leave:

 The Maternity Benefit Amendment Act has increased the duration of paid maternity
leave available for women employees from the existing 12 weeks to 26 weeks.
 Under the Act, this benefit could be availed by women for a period extending up to 8
weeks before the expected delivery date and remaining 18 weeks can be availed post
childbirth.
 For women who are expecting after having 2 children, the duration of paid maternity
leave shall be 12 weeks.

2. Maternity leave for adoptive and commissioning mothers

 Every woman who adopts a child shall be entitled to 12 weeks of maternity leave,
from the date of adoption

3. Work from Home option:

 This may be exercised after the expiry of the 26 weeks’ leave period.
 Depending upon the nature of work, women employees may be able to avail this
benefit on terms that are mutually agreed with the employer.

4. Crèche facility

 The Act makes crèche facility mandatory for every establishment employing 50 or
more employees.
 Women employees would be permitted to visit the crèche 4 times during the day.

The Maternity Benefit Amendment Act makes it mandatory for employers to educate women
about the maternity benefits available to them at the time of their appointment.
CHALLENGES FOR IMPLEMENTATION OF ACT

 Cost - The high costs of maternity leave drive companies to discriminate against
women in higher-level jobs.
 Childcare - Childcare is treated solely as women’s responsibility.
 Unspecified parental leave ends up being taken mainly by women.
 In India, central government employees get only 15 days of paternity leave.
 Informal sector - Around 93% Indian women workers are in the informal sector.
 The 2017 Maternity Benefit Act does not apply to them.
 It is also unclear about women working on family farms, doing home-based work,
urban self-employed, casual workers on contract.
 Even the current entitlements under the National Food Security Act 2013 are not fully
implemented.
 Facilities - Even in the formal sector, the child will need care after 6 months of
maternity leave.
 But India largely lacks facilities where women can leave their children for care.
 Integrated Child Development Services to provide nutrition and childcare up to 6
years of age, lack in quality and coverage.

HOW TO ADDRESS THIS

 Cost - Companies are less likely to discriminate against women if government shares
the cost.
 The 2018 ILO report emphasises the need for government to share at least 2/3rds of
maternity benefits costs.
 However, much of this relates largely to the formal sector.
 Parental leave - It is better to give paternity leave or non-transferable quotas of
parental leave.
 Nearly 55% countries recognise father’s role and give paternity leave in varying
degrees.
 Matching paternity and maternity leave would create a level playing field by reducing
employer discrimination.
 E.g. Iceland grants 9 months of parental leave with 3 reserved for the mother, 3 for
the father, and 3 to be shared between them.
 Work time - Offering flexible work time for both sexes can help with work-life
balance.
 Large companies in IT and e-commerce support the extended maternity leave in India.
 These are the sectors where flexi-time is easy to introduce and employees can work
partly from home.
 Companies which allow such flexibility find increased worker productivity.
 Facilities - Providing good crèches and childcare centres, not just for care but also for
early childhood development, is crucial.
 SMEs located in close proximity could pool resources for creating crèches, rather than
each creating its own.
 This would benefit women across all sectors, formal and informal.
 E.g. in Japan, government’s expansion of high quality childcare centres significantly
increased women’s work participation
 Awareness - Media campaigns to change social norms, favouring childcare by fathers
are essential.
 It should be made known that “Children are public goods”.
 It is surely a joint social responsibility and not just the mother’s.
 There is thus a need for more comprehensive and gender-balanced alterations to the
maternity benefit act.