Introduction
Maternity leave is a critical component of laborpolicies in any country. It allows women to take a break from work followingthe birth of a child while retaining their jobs and receiving paid leave. InIndia, maternity leave has undergone significant changes over the years, withthe Maternity Benefit Act of 2017 expanding the period to 26 weeks. Thisarticle delves into the details of maternity leave in India, exploring thelaws, benefits, and challenges associated with it.
Maternity Leave in India
Maternity leave in India is a paid leave of absencefrom work designed to support female employees in taking care of their newbornchildren while preserving their employment status. The Maternity Benefit Act of2017 introduced a significant shift in this regard by extending the maternityleave period from 12 weeks to 26 weeks. This act applies to both organized andunorganized sectors, encompassing enterprises and factories with ten or moreemployees.
Under this act, working women who are pregnant ornursing are entitled to fully paid leave during which they can care forthemselves and their child. However, there are specific criteria that femaleemployees must meet to validate their maternity leave claims.
Laws Relating to Maternity Leave
1. Indian Constitution: The directive principles ofstate policy in the Indian Constitution state that "the State shall makeprovision for securing just and humane conditions of work and for maternityrelief."
2. Maternity Benefit Act of 1961: This act allowsdiligent working women to take maternity leave for up to three months, duringwhich they are entitled to receive payment equal to the rate of their averagedaily wage for the period of their actual absence.
3. Employees' State Insurance Act, 1948 (ESIA) and theCentral Civil Services Rules, 1972: These acts provide social insurance andprotection for workers in the organized sector, including maternity benefits incases of miscarriage or pregnancy-related emergencies.
4. International Convention: In 2004, theInternational Labour Organization (ILO) adopted a resolution promoting equalopportunities for women and recommended 14 weeks of maternity leave. India, asan ILO member, recognized the need to improve its maternity leave policies andenacted an amendment in 2017, known as the Maternity Amendment Bill 2017.
Other Alternative Laws Providing Maternity Benefits
In addition to the Maternity Benefits Act of 1961,there are various statutes that address maternity benefits and the well-beingof female workers in India. These laws may not exclusively focus on maternityrights but still offer insights into women's rights during and after pregnancy.Some of these laws include:
1. Employer State Insurance Act 1948: This actcontains provisions to safeguard the health of female workers and providesperiodical payments in case of miscarriage, sickness, or otherpregnancy-related issues.
2. The Maternity Benefit Mines and Circus Rules, 1963:These rules prescribe procedures and compliance requirements for employers inestablishments such as mines and circuses when dealing with the maternityhealth of their employees.
3. Central Civil Service Rules of 1972: This law isapplicable to government servants and provides maternity leave of 135 days forfemale government servants. It also includes provisions for maternity leave incase of a miscarriage.
4. Mines Act 1952: This act offers maternity leave forwomen involved in the management, supervision, or control of mines. It allowsfor 12 weeks of maternity leave.
5. The Factory Act 1948: Under this act, women workingin factories are entitled to 12 weeks of maternity leave. It also encouragesemployers to create a family-friendly environment for women workers.
6. The Maternity Leave Incentive Scheme, 2018: Thisscheme aims to provide incentives to employers who offer maternity benefits,including 26 weeks of paid leave. It is still in the draft stage, awaitingconsultation and approval.
The Maternity Benefit Bill 2017
The Maternity Benefit Bill of 2017 introduced severalsignificant changes in the maternity leave policies of India. One of the mostnotable changes was the extension of maternity leave from 12 weeks to 26 weeks.However, it is essential to note that if a woman has more than two children,she is entitled to only 12 weeks of maternity leave, along with an additionalsix weeks of paternity leave, resulting in a total of 18 weeks.
Another important feature of this bill is the provisionfor adoption leave, which can be sanctioned for up to 12 weeks from the time achild's custody is obtained. The bill also allows for 12 weeks of maternityleave for commissioning mothers, who conceive through surrogacy.
The bill further stipulates that a working woman whohas taken maternity leave must receive at least 80 days' pay within the 12months before her expected delivery date. The amount payable is calculatedbased on the average daily wage of the worker. In addition to the 12-week salary,the woman is entitled to a bonus of Rs 3,500. If the employer does not providemedical care, an additional bonus of Rs 1,000 is granted.
For female civil servants, the bill allows for 180days of maternity leave for their first two children. In the case of amiscarriage, nursing women are entitled to 26 weeks of leave.
Landmark Judgement
One significant landmark judgment that has shaped theunderstanding of maternity benefits in India is the case of Mrs. Bharti Guptavs. Rail India Technica W.P(C) No. 4798/2003. In this case, the court held thatmaternity benefits were laid down in the Maternity Benefit Act, which is asocial and benevolent law designed to include various establishments within itspurview. The judgment emphasized that even entities like RITES, which areinstruments of the State, must follow the provisions of the Act and do not haveleverage to be exempted from their responsibilities.
Conclusion
In conclusion, maternity leave holds a pivotal role inlabor policies, providing crucial support for women during the post-childbirthphase while preserving their employment. India has witnessed significantchanges in maternity leave provisions, with the Maternity Benefit Act of 2017extending the leave period to 26 weeks, encompassing both organized andunorganized sectors. A multitude of laws, including the Indian Constitution,the Maternity Benefit Act of 1961, and international conventions, contribute toshaping maternity leave rights in the country.
