Maternity leave: Need of the hour

Abstract

Maintaining a work-life balance is crucial, and in light of this, women should receive sufficient benefits during and after childbirth. This article compares and contrasts the maternity benefits offered by India, China, and Australia. The study looks at the origins and evolution of maternity benefit laws in India and the other chosen nations, as well as the scope, duration, and qualifying requirements of the benefits and their impact on women’s employment, health, and gender equality. Understanding the legal framework for maternity leave in different countries is vital for employers and employees. It fosters a workplace support system that values the well-being of women in the corporate field.

Introduction

Pregnancy and giving birth are two of the most significant periods in a woman’s life. Working women need maternity care to safeguard their own and their children’s health during this critical period. Women go through physical, psychological, and emotional changes throughout childbirth and the postpartum period. It’s imperative that new mothers receive the utmost love and attention at work. What is meant by “maternity leave”? (what is maternity leave? 2024)This kind of support is given to expectant mothers both before and after their pregnancy. It helps women take care of their health, balance work and family obligations, and get financial support.

To meet the demands of working women, India’s maternity leave laws have undergone a number of changes. This article focuses on India’s maternity leave laws, including their ramifications and disadvantages. With a comparative study of the two nations, this article also concentrates on the resources available to working women in China and Australia.

Background

Let’s take a look at landmark cases pertaining to maternity benefits in India.

Pooja Jignesh Vs. The State of Maharashtra and Ors – The petitioner was unable to carry a second child and chose surrogacy as a solution. The child born to the surrogate mother was eventually adopted by the petitioner. Prior to the child’s birth, the petitioner—the surrogate mother—requested and was denied maternity leave. The petitioner requested maternity leave to care for the surrogate child, but the respondent denied the request, stating that maternity leave for a surrogate child is not permitted under the Leave Rules or the policy governing the Rules. Consequently, the issue of a surrogate mother’s eligibility for maternity leave has emerged.

Without delving into the merits of the case, the High Court relied on the same court’s decision in Dr. Mrs. Hema Vijay Menon vs. the State of Maharashtra. This case held that even in the case of birth by surrogacy the parents who have lent the ova and sperm would be entitled to avail leave. The woman is entitled to maternity leave, and the father is entitled to paternity leave. (N.M.Jamdar, 2019)

Maternity Benefit Act, 1961

In India, legislation was passed that protects employed women at the time of their maternity under the Maternity Benefit Act, 1961. It gives women employees the benefit of paid leave to take care of the child. Every organization with 10 or more employees is subject to the act. Under this act, maternity benefits are available to those working women who have worked in the organization for at least eighty (80) days. According to the Supreme Court in the Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) case, the Maternity Benefit Act, 1961 seeks to give working women all the amenities they need to transition honorably, peacefully, and without fear of being victimized for forced absence during the prenatal or postnatal period.

The Act permits women working for factories and organizations that have been certified to take up to six months of paid maternity leave. It is also important to note that these provisions are applicable to women working in organized sectors for example multinational companies, public saving undertakings, corporate societies, etc. Women working in unorganized sectors like agriculture or domestic workers do not have access to these benefits. Female employees are allowed to take maternity leave before and after giving birth, up to a maximum of six months. During this leave, the company must give the female employee her entire salary. (Maternity Benefit Act,1961, 2022)

 The Act covers all maternity benefits in the following sections:

Section 4: Employment of, or work of, women prohibited during certain periods.

Section 5: Right to payment of maternity benefits.

Section 7: Payment of Maternity Benefits in case of death of a woman.

Section 8: Payment of Medical Bonus.

Section 9: Leave for miscarriage, etc.

Section 10: Leave for illness arising out of pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation.

Section 11: Nursing Breaks.

Section 12: Dismissal during the absence of pregnancy.

Section 13: No deduction of wages in certain cases.

Section 18: Forfeiture of maternity benefits.

The Maternity Benefit (Amendment) Act, 2017

The Maternity Benefit Act of 1961 underwent several changes in 2017, including an extension of the leave duration, the ability for women to work from home, and leave for adoptive mothers. A new section, Section 5(5), was inserted into the Act along with other revisions, allowing women who requested maternity leave to work from home if it suited them. Section 5(5) of the Act states that, under mutually agreed-upon conditions, an employer may permit a nursing mother to work from home provided the nature of the task that they are assigned permits it. The following are the provisions of the  Maternity Benefit (Amendment) Act, 2017:

1. Extended maternity leave: Women working in the organized sector have the right to 26 weeks of paid leave under the Act. This is a prolongation of the previous 12-week maternity leave.
2. Maternity leave for adopting mothers: Mothers who adopt a child under three months old are eligible for twelve weeks of leave, starting on the day of adoption.
3. Option to work from home: Employers are required to give pregnant women the choice to work from home, contingent on the nature of the job and mutual consent between the parties.
4. Facilities for crèches: Employers with at least 50 workers are required to provide crèche facilities for working moms.
5. Illness following pregnancy: women employees who experience a serious illness following pregnancy are entitled to one month of absence.

Other legislations

Other Indian laws that offer maternity benefits to women in various areas exist in addition to the Maternity Benefit Act, 1961, and its revision in 2017. The following are a few laws in India that deal with maternity benefits:

Factories Act of 1948: Under this regulation, factories must provide maternity benefits to female workers. According to the Act, women are entitled to six weeks of maternity leave; on the suggestion of a doctor, this duration may be increased to twelve weeks.

Mines Maternity Benefit Act, 1941: This legislation offers maternity benefits to women employed in mining operations. Women are entitled to six weeks of maternity leave under the Act, and on the recommendation of a medical professional, this period may be extended to twelve weeks.

Public Sector Undertakings (PSUs): A number of PSUs have their own rules and policies regarding employee maternity benefits. For instance, female employees of Indian Oil Corporation Limited (IOCL) are entitled to 180 days of paid maternity leave.

1948’s Employees’ State Insurance (ESI) Act: Workers in factories and other establishments covered by the ESI Act of 1948 are entitled to social security benefits. Women are entitled to 26 weeks of paid maternity leave under the Act.

Civil Services Rules: Female employees of the Central Government and All India Services are entitled to maternity leave under the Central Civil Services (Leave) Rules, 1972, and the All-India Services (Leave) Rules, 1955. Women are guaranteed 180 days of paid maternity leave under the regulations. (Santhiya K, 2023)

Need for Special provisions for same-sex couples under the Maternity Benefit Act

Supporting transgender persons at work is essential if we want them to do their jobs as effectively as possible. The inclusion of a clause in the Maternity Benefit Act that would award maternity benefits to transgender individuals would be beneficial, as they are a particularly vulnerable group in society and were granted special protection in the National Legal Services Authority v. Union of India case.

Given that the Supreme Court has emphasized the necessity for legal protection of transgender people in employment, healthcare, education, state action, and other sectors, the ILO has also proposed a model of social insurance to ensure maternity benefits to workers in the workplace. This method is included in the 1948 Employee State Insurance Act; however, it is limited to certain types of businesses. If this strategy is adopted and widely recognized in maternity benefits, it will prevent workers from treating individuals unfairly because of their sexual orientation when they are hidden. In conclusion, since parenthood is a right that is not limited to women, the maternity benefit laws must be interpreted in accordance with the Indian Constitution, ILO Convention 111, and international human rights standards. (Mukherjee, 2020)

Maternity benefits provided by the Indian government

Pradhan Mantri Matru Vandana Yojana: The Government of India introduced this scheme (PMMVY) as its primary maternity benefits program in 2017. It was formerly called as the Ministry of Women and Child Development’s Indira Gandhi Matritva Sahyog Yojana. The program is meant for women over the age of 19 who are pregnant or nursing in relation to their first live birth. The program provides a portion of lost income both during and after childbirth. Additionally, it aims to inform on the National Food Security Act of 2013 and how a mother and kid can cope with good care.

Janani Suraksha Yojana: The safe motherhood intervention known as JSY is carried out by the National Rural Health Mission (NHM). It aims to reduce the death rate of both mothers and babies by encouraging institutional delivery for expectant mothers. It was introduced in April 2005, altering the National Maternity Benefit Scheme (NMBS). Funding is provided by the NMBS in the amount of Rs.500 rupees per birth, up to a maximum of two live births, to women who are 19 years of age or older who are expecting and come from low-income households. (Maternity Benefit Act,1961, 2022)

Maternity benefits in China:

According to the People’s Republic of China Labor Law Act of 1995, which was created and put into effect to protect pregnant women, Chinese citizens are entitled to 90 days of leave following the birth of their kid. Actually, different programs are available for female employees in different Chinese cities.

The lady is entitled to fifteen days of leave to rest if she had a spontaneous abortion within the first four months of her pregnancy. If the pregnancy ends after the first four months, she is eligible for 42 days of paid leave. Certain perks may be granted by mutual consent between the employer and the worker. Depending on the nature and circumstances of her work, she may request lactation leave from her employer in the event that her pregnancy becomes problematic.

Maternity benefits in Australia:

In Australia, a pregnant woman may take up to eighteen weeks of paid leave to care for both herself and her unborn child. Some of the criteria needed to be eligible for maternity leave are:

Both expectant mothers and mothers of adopted children are eligible to apply. Based on the previous fiscal year, her personal income ought to be less than $150,000.

Following her application for leave, she is prohibited from working during her pregnancy. She needs to be an Australian citizen and be a permanent special category resident, and A visa is required. She can receive maternity benefits if the baby is stillborn or dies soon, but she cannot claim them if she is a recent immigrant or new resident to Australia until two years have passed since she established there, subject to certain exceptions.

Comparison

The extent and coverage of these benefits differ significantly throughout China’s, India’s, and Australia’s maternal benefit systems. Given that they improve gender equity, support women’s employment, and advance the well-being of mothers and their offspring, maternity benefits are a crucial part of social government assistance programs. Maternity benefits should be given top priority by policymakers, who should also make sure that all women, regardless of income level, may access them.

India offers perks and leaves that are 27–47 times greater than those of other nations.  Working women in Australia receive 18 weeks of paid maternity leave in addition to certain perks. China offers a maternity leave of 98 days. India has been providing 26 weeks of paid maternity leave, with compensation determined by eligibility and basic pay.

Extra benefits include the ability to work from home, the chance to breastfeed while working, higher compensation throughout the maternity leave period, and extra leave in the event that twins are born. Under the terms of the mutual agreement between the employer and the employee, all of these benefits are available. If the management fails to provide maternity leave and perks, there is only one opportunity to file a complaint. Ultimately, the purpose of benefits and maternity leave is to ease the stress and promote comfort and positivity for working women during their pregnancies. It’s an effort to provide both personal and professional assistance for female employees. (Maternity Benefit Act,1961, 2022)

Conclusion

 An analysis of the literature that is now being published shows that while India’s maternity benefit policies are less generous than those of some high-income nations, they are nevertheless more generous than those of some low- and middle-income countries. There is still more to be done in this area, even though India was among the first nations to enact laws providing maternity benefits. With the exception of the US, India has lagged considerably behind the developed world’s nations. This is further supported by the fact that fewer women are in the workforce. Moreover, it was shown that women with longer maternity leaves had higher postpartum employment rates. The study emphasizes the role that maternity benefits play in advancing women’s employment opportunities and gender parity. Despite significant progress in passing rules to support women during pregnancy and childbirth, gaps remain in the coverage, particularly for women working in the unorganized sector. Therefore, there is a need to significantly improve and expand maternity benefits in India in order to better support women and promote gender equality in the workforce.

Suggestions

One potential avenue for future research would be to employ a qualitative approach to investigate the efficacy of maternity benefit policies in India. This can entail holding focus groups or interviews with women who have recently taken maternity leave to learn more about their experiences with the policy, as well as with employers to get information about how the policy is being implemented and enforced. Such studies could offer a more comprehensive knowledge of the obstacles to taking maternity leave and the variables influencing the effectiveness of India’s maternity benefits laws.

Additionally, studies might be done on the possible impacts of novel strategies on mother and child health outcomes as well as women’s labor force participation rates, such as cooperative parental leave and flexible work schedules. Overall, more studies on India’s maternity benefits laws may help identify the variables affecting its efficacy and may also provide guidance for future legislative creation and execution.

References:

maternity benefit act,1961. (2022, October 26). Retrieved July 24, 2024, from blog.ipleaders: https://blog.ipleaders.in/the-maternity-benefit-act/#Introduction

what is maternity leave? (2024, February 21). Retrieved July 25, 2024, from maternity leave in India 2024; rules, eligibility , benefits and challenges: https://www.onsurity.com/blog/maternity-leave-in-india/

GAYATHRI DEVI M, D. K. (2020). A comparative analysis of maternity benefits in India with other countries. European journal of molecular and clinical medicine, 4928-4937.

Mukherjee, m. (2020). critical analysis of maternity benefits in India under the social security code,2020. Delhi: legal service India.

N.M.Jamdar. (2019, july 3). indiankanoon. Retrieved July 27, 2024, from Kanoon: https://indiankanoon.org/doc/132317922/

Santhiya K, M. S. (2023, May 5). maternity benefits in India a comparative analysis with selected countries. Retrieved July 26, 2024, from international journal of Science and research: https://www.ijsr.net/archive/v12i5/SR23520205435.pdf