The Maternity Benefit Act, 1961, applies to all establishments classified as factories or plantations, including those owned by the government, as well as establishments that involve performances like equestrian and acrobatic acts. The Act also covers shops and establishments employing ten or more workers in a given year. Furthermore, the State Government must provide a two-month notice period if it wishes to include additional establishments under this Act.
Introduction
Germany pioneered the introduction of maternity allowances at the close of the 19th century, initially implementing it under a sick insurance scheme. This landmark decision inspired numerous other countries, leading the International Labour Organisation to establish provisions mandating six weeks of maternity benefits for women across various sectors, regardless of age, nationality, or employment status, allowing them to take six weeks off before childbirth.
In India, the journey toward maternity benefits began with the Bombay Maternity Benefit Act of 1929, which granted female factory workers maternity leave and benefits surrounding childbirth. Over time, similar laws emerged in other provinces. Subsequently, the Central Government enacted three significant statutes: the Mines Maternity Benefit Act (1941), the Employees State Insurance Act (1948), and the Plantations Labour Act (1951).
However, these laws varied considerably in terms of eligibility requirements, benefit rates, leave duration, and other critical aspects. To address these inconsistencies, the Central Government introduced the Maternity Benefit Act of 1961, which aimed to standardize maternity benefits by repealing previous legislation.
Scope of the Maternity Benefit Act, 1961
The Maternity Benefit Act, 1961, applies to all establishments classified as factories or plantations, including those owned by the government, as well as establishments that involve performances like equestrian and acrobatic acts. The Act also covers shops and establishments employing ten or more workers in a given year. Furthermore, the State Government must provide a two-month notice period if it wishes to include additional establishments under this Act.
Specifically, the Act encompasses factories as defined in the Factories Act of 1948, benefiting establishments with ten or more workers (with power) or twenty or more workers (without power). Notably, the Act excludes certain sectors such as mines, mobile military units, and establishments like hotels and restaurants.
Importantly, the Act extends its provisions uniformly to all women working within the defined establishments, regardless of wage disparities. To qualify for maternity benefits, a woman must have worked at least eighty days in the twelve months preceding her expected delivery date.
Notably, this requirement is exclusive to maternity benefits; other facilities and payments under the Act do not have this prerequisite. For instance, a woman who experiences a miscarriage is entitled to six weeks of leave and wages, irrespective of her period of employment.
Maternity Benefits and Amendments
According to Section 5 of the Maternity Benefit Act, 1961, every woman is entitled to maternity benefits equivalent to her average daily wage for the period of her absence due to childbirth. However, the legislation was criticized for being outdated, particularly as societal norms shifted.
Subsequent amendments addressed various aspects of the Act, notably in 2017, which extended the maximum maternity leave to twenty-six weeks, allowing for eight weeks prior to the expected delivery. For women with two or more surviving children, the leave is limited to twelve weeks, with six weeks allowed before delivery.
The Act now also provides benefits for adopting or commissioning mothers, allowing them twelve weeks of maternity leave upon receiving a child under three months of age. Employers may permit work from home arrangements if feasible, further supporting new mothers during their maternity leave.
Ultimately, the Maternity Benefit Act, while a substantial step towards protecting women’s rights in the workplace, requires ongoing revisions to meet the evolving needs of women. Acknowledging and addressing mental health issues, along with providing support for all aspects of maternity, is essential for creating a balanced and healthy workforce. The State, as mandated by the Constitution of India, must take proactive measures to ensure just and humane working conditions, enabling women to thrive both professionally and personally.
Duration and Conditions of Maternity Leave
One of the key features of the Maternity Benefit Act is the provision for maternity leave. Originally set at 12 weeks, the Act now allows for an extended maternity leave of 26 weeks. This extension reflects an understanding of the physical and emotional challenges associated with pregnancy, childbirth, and early childcare. Additionally, the Act permits women to begin their maternity leave up to eight weeks before their expected delivery date, ensuring they have ample time for rest and preparation.
Moreover, the Act acknowledges that specific medical conditions may necessitate an extension of maternity leave beyond the standard duration. In such cases, women can request an additional month of maternity leave, contingent on medical certification.
Payment of Maternity Benefits
The Act guarantees financial assistance to women employees during their maternity leave through the provision of maternity benefits. This benefit is a cash allowance designed to help women meet their financial obligations during their absence from work. The amount is calculated based on the woman’s average daily wage for the duration of her maternity leave.
According to the Act, maternity benefits should be paid by the employer either before the expected delivery date or as soon as possible after childbirth. This financial support is crucial for women during this period and helps alleviate the financial strain associated with childbirth and childcare expenses.
Nursing Breaks and Childcare Facilities
Acknowledging the significance of breastfeeding for infant health and development, the Maternity Benefit Act entitles women employees to nursing breaks during work hours. These breaks facilitate breastfeeding or expressing milk and are required until the child reaches 15 months of age.
Additionally, the Act encourages employers to provide childcare facilities either on-site or nearby. This provision aims to assist working mothers by offering a safe and convenient space to leave their children while at work. By promoting breastfeeding and childcare, the Act supports a healthier work-life balance for women employees.
Protection Against Dismissal and Discrimination
The Maternity Benefit Act contains provisions that protect women employees from unfair dismissal or discrimination related to their pregnancy or maternity needs. It prohibits the termination of women during their maternity leave or for reasons associated with it. This clause ensures job security for women and safeguards them against adverse employment actions linked to pregnancy or childbirth.
Furthermore, the Act explicitly forbids employers from discriminating against women in terms of recruitment, promotion, or other employment conditions based on pregnancy or maternity. This provision aims to eradicate discriminatory practices and ensure equal opportunities for women in the workforce.
Additional Benefits and Considerations
The Maternity Benefit Act includes provisions for various additional benefits, such as medical bonuses, leave for miscarriages, and allowances for illnesses arising from pregnancy, childbirth, or related complications. New mothers are entitled to nursing breaks until their child reaches fifteen months, ensuring that their wages are not deducted for nursing periods.
Moreover, the Act empowers women to request lighter duties if their job is arduous or poses health risks, ensuring that they are not penalized for such requests. This aspect of the Act is commendable, reflecting a progressive approach to women’s health in the workplace.
However, one critical shortcoming remains: the Act does not adequately address mental health issues related to pregnancy. Research shows that women are more susceptible to common mental disorders, such as anxiety and depression, especially during and after pregnancy. With a significant percentage of Indian mothers likely affected by postpartum depression, there is a pressing need for greater awareness and legislative provisions addressing psychological health.
The Need for Holistic Maternity Benefits
Mental health is influenced by numerous factors, including socio-economic conditions and workplace environments. Statistics indicate that women’s suicide rates in India are alarmingly high, often due to arranged marriages, early motherhood, and economic dependency. Globally, mental health disorders affect a vast population, with many women facing challenges that can significantly impact their productivity in the workplace.
As societal awareness regarding mental health issues grows, it is vital for lawmakers and employers to adapt existing maternity legislation to incorporate mental health considerations. The term “illness” in the Act should encompass both physical and psychological disorders, acknowledging the challenges women may face during and after pregnancy.
Recent Amendments
Women’s participation in the labor force in India has declined and ranks among the lowest globally, only slightly above countries like Saudi Arabia and Pakistan. According to the International Labour Organization’s ILOSTAT database, women’s labor force participation was just 23.4% in 2019.
In response to these challenges, the Maternity Benefit Act of 1961 underwent significant changes through the Amendment Act of 2017, which addressed critical shortcomings that should have been remedied much earlier.
This Bill was approved by the Rajya Sabha in August 2016 and later by the Lok Sabha in March 2017. The amendments were designed to tackle the identified deficiencies essential for women currently in the labor market.
The 2017 amendment recognized the urgent need to reverse the decline in women’s labor force participation as a social, political, and economic necessity. Notably, the Maternity Benefit (Amendment) Act, 2017 expanded protections to include “Adoptive Mothers” of children under three months and “Commissioning Mothers,” granting them access to maternity leave of twelve weeks.
Additionally, it introduced progressive measures such as mandatory crèche facilities, the option for women to work from home, and the obligation for employers to inform female employees about their maternity rights. The Indian government is also considering a system that would require employers of expectant fathers to contribute to maternity benefits.
Other Acts Offering Maternity Benefits
Working Journalists (Condition of Service) and Miscellaneous Provisions Act, 1955
This legislation entitles women working in newspaper establishments to 12 weeks of maternity leave. Eligibility requires the woman to have a minimum of one year of service and to present a medical certificate from an authorized practitioner. Employers may, at their discretion, extend this leave to three months from the start date or six weeks, whichever occurs first. The Act also covers maternity leave for cases of miscarriage or abortion, limited to six weeks.
Employee State Insurance Act, 1948
Applicable to employees earning less than Rs 21,000 monthly, this Act provides for 26 weeks of maternity leave, primarily benefiting women in low-income positions across non-government factories. It can also extend to other establishments with more than 20 employees, a provision utilized by several states to cover places like shops and hotels. Furthermore, the Act includes a provision for an additional ₹5,000 payment during confinement (for childbirth or labor after 26 weeks) if necessary medical facilities are unavailable under the Employee State Insurance Scheme.
Factories Act, 1948
The Factories Act, 1948, applies to all factories utilizing power and employing ten or more workers, or those not using power with 20 or more workers (as per Section 2(m)). Section 79 permits 12 weeks of maternity leave along with associated benefits. This Act works in conjunction with the Employee State Insurance Act and the Maternity Benefits Act to provide comprehensive maternity protections for factory workers.
Case Analysis: Preeti Singh v. State of UP and Others
Facts of the Case
In this instance, the respondents granted the petitioner maternity leave until December 28, 2019. The petitioner subsequently applied for another maternity leave from March 17, 2021, to October 12, 2021, which was rejected just before the leave was set to begin on March 16, 2021. The stated reason for the rejection was that the second leave request was made before the two-year interval since the previous leave had elapsed.
Arguments Presented
The Uttar Pradesh Financial Handbook, containing the U.P. Fundamental Rules established by the governor, served as the basis for the respondents’ position. Specifically, Section 13 of these rules outlines maternity leave provisions, referencing Section 153(1) of the Uttar Pradesh Financial Handbook, which stipulates a minimum gap of two years between successive maternity leaves.
The petitioner argued that this issue had been previously settled by the Allahabad High Court in Richa Shukla v. State of U.P (2019), a point not contested by the respondents.
Smt. Richa Shukla v. State of U.P. (2019)
In the 2019 ruling, the Allahabad High Court found similar circumstances. The employer had denied maternity leave based on Section 153 of the U.P. Financial Handbook, which the court refuted, citing Section 27 of the Maternity Benefits Act, 1961. This section asserts that the provisions of the 1961 Act take precedence over any conflicting laws, regardless of when they were enacted.
Court Findings
The court referenced the Richa Shukla case extensively. It emphasized Section 5 of the Maternity Benefits Act, which mandates that employers are responsible for paying women who take maternity benefits their average daily wage for the duration of their absence.
Moreover, it stated that women must have worked for at least 80 days in the previous 12 months to qualify for maternity benefits, with an exception for those who immigrated to Assam while pregnant. There was no comparable restriction in the Maternity Benefits Act as there was in the UP Financial Handbook.
Crucially, Section 27 of the Act asserts that its provisions will override any inconsistent regulations. Therefore, the restrictions outlined in Rule 153(1) of the UP Financial Handbook were found to be superseded by the Maternity Benefits Act.
The court ultimately determined that the respondents had erred in relying on the Financial Handbook and thus granted the petitioner her requested maternity leave.
Case Analysis On Maternity Benefit Act, 1961
1. Pooja Jignesh Doshi vs. The State of Maharashtra and Others
The petitioner, unable to conceive a second child, opted for surrogacy, leading to the birth of a child who was later adopted by her. She applied for maternity leave before the child’s birth, which was denied. The respondents argued that the existing Leave Rules do not permit maternity leave for a child born through surrogacy. This raised the question of whether a surrogate mother is entitled to maternity leave.
Without addressing the case’s merits, the High Court referenced a previous ruling in Dr. Mrs. Hema Vijay Menon vs. State of Maharashtra, where the court examined the concepts of motherhood and pregnancy. The court emphasized that maternity encompasses both the pregnancy period and the time immediately following childbirth.
Maternity leave is intended to uphold the dignity of motherhood and support the well-being of both mother and child, facilitating the mother-child bond. The court stated that differentiating between biological mothers and surrogate mothers would diminish the value of motherhood for women who wish to nurture a child born via surrogacy.
Article 21 of the Indian Constitution guarantees the right to life, which includes the rights to motherhood and the comprehensive development of every child. If adoptive mothers can receive maternity leave, the court questioned why surrogacy mothers should not have the same entitlement. The ruling concluded that maternity leave is applicable to the mother, while paternity leave is for the father.
2. Anshu Rani vs. State of Uttar Pradesh and Others
In 2018, Anshu Rani applied to the District Basic Education Officer in Bijnor for maternity leave. Although she requested 180 days, she was granted only 90 days without any explanation for the reduction. Frustrated by the lack of clarity, she approached the Allahabad High Court.
Her counsel referenced the Maternity Benefit Act, 1961, which was amended in 2017 to extend maternity leave from eight weeks to 26 weeks. The court noted that maternity leave serves as social insurance, crucial for maternal and child health and family support.
The Allahabad High Court highlighted that the Maternity Benefit Act aligns with Article 42, which emphasizes “just and humane conditions of work” and “maternity relief.” Therefore, any administrative decision denying maternity benefits must be scrutinized under Article 42.
3. Rasitha C.H. vs. State of Kerala and Another
The Kerala High Court affirmed that women employees, regardless of their employment status, are entitled to maternity leave.
Justice A. Muhamed Mustaq ruled in favor of Rasitha, who was denied maternity leave by Calicut University due to the terms of her contract. The judge emphasized that maternity benefits are not just statutory or contractual; they are vital for a woman’s dignity.
The court ruled that maternity benefits cannot be denied based on contractual employment status. Consequently, the University was ordered to grant Rasitha the same maternity benefits as other employees within two months.
Paternity Benefits and Their Role in Empowering Women
Paternity leave provides paid leave to male employees following the birth of their child, allowing them to support the well-being of their newborn and partner. However, estimates suggest that less than half of countries worldwide offer any form of paternity leave. When it is available, paternity leave typically lasts from a few days to two or three weeks. Moreover, many men do not fully utilize their paternity leave due to various social and psychological factors. Fortunately, there is a growing trend toward more men taking advantage of these benefits.
For instance, Zomato, a well-known food delivery service, gained attention in June 2019 for implementing a policy granting its male employees twenty-six weeks of paternity leave. Despite this progressive move, such initiatives remain the exception rather than the norm. India is one of over ninety countries lacking a national framework to provide fathers with paid leave to care for their infants.
The Proposition of the Paternity Benefit Bill of 2017
The Paternity Benefit Bill of 2017 aimed to establish a legal framework for providing paid paternity leave to fathers in India. This legislation sought to recognize the role of fathers in child-rearing and promote gender equality in parenting responsibilities. Here are the key features and propositions of the Bill:
- Duration of Leave: The Bill proposed to grant male employees a minimum of 15 days to a maximum of 26 weeks of paid paternity leave, allowing them to support their partners during and after childbirth.
- Eligibility: The proposed legislation aimed to apply to all working fathers in both the public and private sectors, including those in establishments covered by the Maternity Benefit Act.
- Job Security: The Bill included provisions to protect fathers from discrimination or termination due to taking paternity leave, ensuring job security during this crucial period.
- Flexibility: The legislation offered flexibility in taking paternity leave, allowing fathers to use it before or after the birth of the child, depending on their individual circumstances.
- Promotion of Gender Equality: By introducing paternity leave, the Bill aimed to challenge traditional gender roles, encouraging fathers to take an active part in early child-rearing and supporting mothers during their maternity leave.
- Awareness and Compliance: The Bill proposed that employers be mandated to inform employees about their rights regarding paternity benefits and create awareness about the importance of shared parental responsibilities.
- Support for Families: The initiative sought to promote family bonding during the early stages of a child’s life, benefiting both the child and parents through shared responsibilities.
- Impact on Women’s Workforce Participation: By enabling fathers to take leave, the Bill aimed to alleviate some of the pressures on women in the workforce, potentially enhancing their participation and reducing the stigma associated with maternity leave.
The Paternity Benefit Bill of 2017 represented a significant step towards recognizing the importance of paternal involvement in child-rearing, fostering a more equitable division of parenting responsibilities, and enhancing support for families in India.
Government Sector Employees and Paternity Leave
Employees in the government sector are entitled to paternity leave, as outlined in the provisions established in 1999 under Rule 551 (A) of the Central Civil Services (Leave) Rules, 1972. The key aspects of this provision include:
- Eligibility: Male Central Government employees, including apprentices and probationers, with no more than two children can avail themselves of a leave period of 15 days to care for their newborn and support their partner.
- Timing of Leave: This paternity leave must be taken either 15 days before the expected delivery date or within six months following the birth of the child. If the leave is not utilized within this timeframe, it will lapse and be considered void.
- Leave Salary: The leave salary during this 15-day period is equivalent to the employee’s regular salary prior to taking the leave.
Private Sector Employees and Paternity Leave
Unlike government employees, there is no mandatory requirement for private sector companies to provide paternity leave to their male employees. As a result, the decision to offer paternity benefits is left to the discretion of individual private employers.
Many larger companies have adopted their own paternity leave policies as part of their Human Resource frameworks. For example:
- Microsoft offers 12 weeks of paternity leave.
- Infosys provides a modest 5 days of paternity leave.
- Facebook grants 17 weeks of paternity leave.
In a significant move, Unilever introduced a “Global Paternity Leave Standard” in 2019, ensuring that all fathers receive a minimum of three weeks of paternity leave.
IKEA India has also taken a proactive approach by implementing a policy in 2018 that grants all employees six months of parental leave. This policy aims to support women in returning to work and challenges outdated views that only women should take care of children. Many men utilize this leave when their partners resume their professional roles.
The need for paternity leave has also been recognized by the judiciary.
A notable case is Chander Mohan Jain v. N.K. Bagrodia Public School, where the Delhi High Court addressed the issue when a teacher challenged the denial of his paternity leave application and subsequent salary deductions due to his absence after his wife’s premature delivery. The court ruled that all male employees of unaided recognized private schools should be entitled to salary, allowances, leave, and other benefits.
As awareness of the advantages of paternity leave grows benefiting not only fathers but also mothers and infants some large private organizations are beginning to adopt more progressive paternity leave policies. However, significant gaps remain, particularly in the private and unorganized sectors, where such benefits are still largely unavailable.
The Constitutional (Amendment) Bill, 2020
An important aspect to consider is the relevance of maternity benefits within the context of current family planning initiatives, which emphasize having fewer children. On February 7, 2020, Anil Desai, a Rajya Sabha MP from Shiv Sena, introduced a Private Member’s Bill in the Rajya Sabha titled the Constitution Amendment Bill, 2020.
This bill aims to add a provision in Part IV of the Constitution that would mandate the State to encourage smaller family norms.
The proposed article 47A states:
47A. The State shall promote small family norms by offering incentives such as tax breaks, employment opportunities, and educational benefits to individuals who limit their family size to two children. Conversely, it shall withdraw all concessions and deny such incentives to those who do not adhere to this small family norm, aiming to control the growing population.
Notably, this is not the first instance of a Private Member’s Bill aimed at population control. A similar bill was proposed in 2016 but did not progress to a voting stage. In 2019, another bill suggested penalizing citizens for having more than two children, but it too failed to pass.
The 2020 Bill articulates its objectives in the Statement of Objects and Reasons, noting:
The population of India has exceeded 1.25 billion, which is alarming. The country has doubled its population in just 40 years and is projected to surpass China as the world’s most populous country by 2050.
The statement further emphasizes the need to discourage larger families by withdrawing tax benefits, imposing substantial taxes, and implementing punitive measures for violations.
Conclusion
The nation has made significant strides from its past stance that restricted women from accessing quality education and relegated them to the roles of homemakers and housewives.
Today, women enjoy a much more liberal status in society and possess greater economic independence compared to their predecessors.
More women are pursuing higher education, motivated by evolving societal attitudes and government initiatives that encourage them to set higher aspirations, dream big, and achieve their goals. With enhanced skill sets, women are increasingly equipped to seek higher positions, both socially and economically, which has improved their employability.
This expansion of opportunities has driven economic growth and compelled a reevaluation of equality, raising questions about whether sufficient efforts have been made to empower women so that their perceived gender-related disadvantages do not obstruct their success in the job market.
While it seems that perceptions of equality have progressed and that there is support for encouraging women to participate in the workforce, much work remains to change employers’ attitudes toward hiring female workers. Overcoming the belief that employing women poses challenges to business operations is crucial for fostering an inclusive and equitable work environment.
