Singh.

Space and Culture, India 2016, 4:2 Page | 22

DOI: http://dx.doi.org/10.20896/saci.v4i2.210
REVIEW OPEN ACCESS
The Maternity Benefit (Amendment) Bill, 2016: A Critical Analysis
Dr Suman Singh†
Abstract
On 11 August 2016, amending the Maternity Benefit Act, 1961, the new bill, The Maternity Benefit
(Amendment) Bill, 2016 was introduced and passed in the Rajya Sabha (or Council of States), the
upper house of the Parliament of India. Central aim of this article is to critically review the
amendments to the bill regarding geographies of maternity leave and its associated facilities.
Key words: Maternity Benefit Act, 1961, The Maternity Benefit (Amendment) Bill, 2016, maternity
leave, childcare, work from home, India.

†
Assistant Professor, Banaras Hindu University Varanasi, Uttar Pradesh, Email: [email protected]
© 2016 Singh. This is an Open Access article distributed under the terms of the Creative Commons Attribution License
(http://creativecommons.org/licenses/by/2.0), which permits unrestricted use, distribution, and reproduction in any
medium, provided the original work is properly cited.
Singh. Space and Culture, India 2016, 4:2 Page | 23
DOI: http://dx.doi.org/10.20896/saci.v4i2.210
Introduction Provisions of Maternity/Parental Leaves
across Nations
On 11 August 2016, the penultimate day of the
Monsoon Session, the Minister for Labour and The United States of America, one of the most
Employment, Mr. Bandaru Dattatreya developed nations of the world and the place
introduced and passed The Maternity Benefit where women's rights movement originated
(Amendment) Bill, 2016 in the Rajya Sabha (or under the leadership of Elizabeth Cady Stanton
Council of States), the upper house of the in Seneca Falls in 1848 is a country
Parliament of India by voice vote. This bill (Bhattacharyya, 2009) that fails to guarantee
stems from an amendment to the Maternity paid maternity leave/parental leave to its
Benefit Act, 1961. The Act (Act of 53 of 1961 employees. The 1993 legislation, the Family and
was passed on 12 December 1961) which Medical Leave Act (FMLA) is perhaps the closest
aimed at regulating the employment of women law allowing qualified employees to avail 12-
employees in certain establishments (factory, week of unpaid but job-protected leave linked
mines, plantations, shops and other to particular family and medical reasons, which
establishments) for stipulated periods before of course embraces a pregnant woman’s
and after the birth of the child by proffering delivery or even adopting a baby/child to care
maternity leave and some other related for. The companies employing over 50
benefits. In other words, the 1961 Act aimed at employees are bound to follow this legislation.
protecting women’s employment during the Arguably, in the USA, for paid maternity leave,
time of their pregnancies by guaranteeing full an expected mother has to rely on her
paid leave of absence from work to take care of employer. Indeed, out of 196 countries of the
their new-borns. Among other provisions, the world, the maternity policy of the US
new bill mandates 26-week of paid leave for Government remains the worst.1 In a way, the
the new mothers in all establishments US Government discourages
(including the private sector) as against 12 employees/workers to have children.
weeks as per the 1961 Act. After the bill is Apparently, maternity leave policy of the USA is
passed into an Act, India would occupy a fair similar to the African nations like Liberia and
position in the world’s maternity report card. Swaziland and the Oceanian country, Papua
Currently, Scandinavian countries (Denmark, New Guinea.
Norway and Sweden) along with other In his election campaigns, which is scheduled
countries like Canada, United Kingdom, Serbia, for November 2016, Donald J Trump, the
Croatia, Finland, Greece, etc. offers copious Republican Presidential nominee in a meeting
maternal leave policies. For instance, Sweden in Delaware County, Pennsylvania on 13
provides 420 days of maternity leave where the September 2016 has promised for a childcare
pregnant employee is entitled to 80% of her plan—“a childcare tax deductible, up to the
wages (Table 1). The key purpose of this review average cost in a given family’s state, until the
is to critically analyse the geographies age of 13, as well as an expanded rebate of up
connected to The Maternity Benefit to $1,200 for those families that do not pay
(Amendment) Bill, 2016. income tax and receive earned income tax
The article begins with a brief comparison of credit” (Jacobs, 2016). In addition, Trump has
parental leaves in different countries across the promised to “provide six weeks of maternity
globe. This follows a scrutiny of the leave “to any mother with a newborn child
amendments to The Maternity Benefit whose employer does not provide the benefit”
(Amendment) Bill, 2016.
1
These 10 countries have the best parental leave policies
in the world, World Economic Forum. Retrieved
from,https://www.weforum.org/agenda/2016/08/these-
10-countries-have-the-best-parental-leave-policies-in-
the-world
.
Singh. Space and Culture, India 2016, 4:2 Page | 24

by tackling fraud in unemployment insurance” Maternity Benefits: Will it empower women?

(Jacobs, 2016). However, Trump fails to outline It was Mrs. Maneka Gandhi's Women and Child
a model as to how his plan would exactly be Development Ministry, which recommended on
translated into reality. raising maternity leave from 12 weeks to 26
On the contrary, European countries (especially weeks so that new mothers can nurture and
Central European countries) proffer very good breast-feed their babies for longer. According
parental leave benefits to its citizens. In the UK, to the new bill, an expecting woman can avail
an expecting British working mother, who is an leave eight weeks prior to her expected
employee (not a worker and on subject to delivery, which was six weeks earlier (as per the
issuing notification to her employer) is entitled 1961 Act). However, a woman, who already is a
to: mother of two or more children, would still be
able to avail maternity leave but for a period of
 Statutory Maternity Leave
12 weeks, “which cannot be availed before six
(52weeks—first 26 weeks ordinary
weeks from the date of the expected delivery.”3
maternity leave and additional
The other arrangements of the bill are as
maternity leave for the next 26
follows:
weeks)
 Statutory Maternity Pay {paid for 39 Leave for adoptive and commissioning
weeks—for the first 6 weeks, 90% of mothers
average weekly earnings prior to tax Similar to countries like the UK, Canada,
deductions and for the next 33 Sweden and France, the bill has introduced
weeks— 90% or £139.58 of mean provisions of leave of 12 weeks for a woman
weekly earnings (whichever is (who adopts a baby legally below three-month
lower)} (see, Table 1) old) and for a commissioning mother (“a
 paid time off for antenatal care biological mother who uses her egg to create
embracing employees’ rights an embryo implanted in another woman”).4 Of
 extra help from the government course, the 12-week period would be
(such as Child Benefit, Child Tax computed officially from the day the baby is
Credit, Working Tax Credit—this can handed over to the adoptive or commissioning
continue for 39 weeks after a mother. However, it remains unclear, as to if
pregnant woman goes on maternity there are any leaves for a mother who adopts a
leave and Income Support—may be baby who is older than three months. The bill
entitled to even a new mother however fails to grant leave of any sort for
(subject to qualifying certain surrogates and the expectant fathers. Evidence
regulations of the UK government, suggests that the surrogates, by renting their
who does not work.)2 wombs, suffer from multiple forms of medical
Table 1 illustrates comparative interventions (such as delivery through
maternity/parental leave provisions of different caesarean sections, hormone infusions,
countries of the world. Few countries have selective reductions, transvaginal ultrasounds,
provisions for ‘shared parental leave’ to take etc.) and emotional pains of being separated
care for the new baby. In countries like the UK, from the babies they delivered (Bhattacharyya,
Canada, Sweden and France, homosexual 2016a,c; Rudrappa, 2015). Therefore, a
couples and commissioning parents are also surrogate is not fit to go to work immediately
entitled to parental leave benefits. In the after the
following section, I critically analyse The
Maternity Benefit (Amendment) Bill, 2016. 3
The Maternity Benefit (Amendment) Bill, 2016, PRS
Legislative Research. Retrieved from,
http://www.prsindia.org/billtrack/the-maternity-benefit-
2
Maternity pay and leave, Gov.uk. Retrieved from, amendment-bill-2016-4370/
4
https://www.gov.uk/maternity-pay-leave/overview Please refer to footnote 3
Singh. Space and Culture, India 2016, 4:2 Page | 25
DOI: http://dx.doi.org/10.20896/saci.v4i2.210
Table 1: Maternity/Parental Leave Policies of Some Countries of the World
Countries Duration of Maternity/Parental Wages Paid (in percentage)
Leave
Sweden 420 days 80%
United Kingdom 52 weeks (paid for 39 weeks) first 6 weeks, 90% of average
weekly earnings prior to tax
deductions and for the next 33
weeks—90% or £139.58 of
mean weekly earnings
(whichever is lower)
Serbia 52 weeks For the first 26 weeks—paid
100%; for the weeks27-39—
paid 60%, and from weeks 40-
52— paid 30%.
Denmark 52 weeks May not be with full salary
Canada 52 weeks Paid—55% of the salary for 17
weeks. In addition, 35 weeks
can be availed by either
parent, albeit wages depends
according to province.
Croatia 98 days 100% of average earnings
Finland 105 days 70%
Greece 119 days 50%
Australia 18 weeks 18 weeks are paid but each
parent can take up to 1-year of
leave
Spain 16 weeks 100%
Norway 36 to 46 weeks 100% parental benefits are
paid for shorter duration and
80% for shorter duration.
Italy 5 months 80% for 5-months but an
additional 6-month leave can
be availed with 30% of their
salary
France 16 weeks 100%
China 98% Receive maternity allowance
in lieu of salary
Ireland 26 weeks 80%

Sources: Maternity pay and leave, Gov.uk. Retrieved from, https://www.gov.uk/maternity-pay-

leave/overview; Maternity Leaves Around The World: Worst And Best Countries For Paid
Maternity Leave, HuffPost Living, Canada. Retrieved
from,http://www.huffingtonpost.ca/2012/05/22/maternity-leaves-around-the-
world_n_1536120.html; These 9 Countries Have the World’s Best Maternity Leave Policies
[infographic], PayScale, Retrieved from, http://www.payscale.com/career-news/2013/05/these-9-
countries-have-the-worlds-best-maternity-leave-policies-infographic

.
Singh. Space and Culture, India 2016, 4:2 Page | 26
DOI: http://dx.doi.org/10.20896/saci.v4i2.210
baby is born. She should be entitled to at least should have been incorporated in the bill to
three to four weeks of rest. I also argue that help new mothers to balance their work and
fathers too should be equally responsible in life in a much better way. At the same time,
upbringing a baby. Granting paternity leave flexible working hours and work-from-home
might probably lessen gendered option for new fathers should have also been
“discrimination against women at the included in the bill, as it remains imperative for
workplace … if men too are entitled to a long a new father to support his wife at the critical
childcare leave” (Ghosh, 2016). juncture of their life. It is also worth noting that
Notwithstanding, approximately 80 countries too much flexibility and leave might
around the globe mandates paternity leave5 “undermine women’s labor force participation
including our neighbouring countries … [and] make women less competitive in the
(Singapore, Hong-Kong and China that provides labor market and discourage employers from
few days of paternity leave). The bill however, hiring [less] women of child-bearing age” (15).7
fails to make provision on extending maternity Nonetheless, it is even more progressive of the
leave for mothers of premature/physically bill to incorporate childcare facilities within the
challenged babies, albeit it allows work from vicinity of the establishments.
home option. Childcare facilities
Work-from-home option As stated above, the bill makes it mandatory for
The new bill has introduced a progressive those “establishment[s] with 50 or more
option of allowing a new mother to work from employees to provide crèche facilities within a
home depending on the nature of the work prescribed distance”,8 where during the day,
assigned to her by her employer. There is of the mother would be allowed four visits to the
course a large discourse on the debates and the crèche, albeit this embraces her recess interval.
strategies of work-life balance in India Importantly, the bill has introduced a provision
(Bhattacharyya, 2009; 2013; Lahiri-Dutt and Sil, making it compulsory for the employers to
2014; Mukhopadyay et al., 1993; Rani and communicate a woman in writing as well as
Khandelwal, 1992; Shukla and Kapoor, 1990; electronically at the time of her appointment
Sarma, 2008; Singh, 2015); it is “often about all the benefits of maternity the woman
challenging for a career-oriented woman … to would be entitled to as and when required.
“have it all”—career, children, marriage, and
It is reckoned that work-from-home option and
financial stability” (Bhattacharyya, 2016b: 29). childcare facilities in or within a nearby
There is ample evidence to suggest that most distance of the establishments would not only
carrier-oriented married women with children be of great help to the working mothers but
and no support mechanism, quit their jobs to also might reduce malnutrition in children. It is
look after the family (Bhattacharyya, 2009; saddening to note that vast majority of India’s
2013; 2016) and the career ladder of the children suffer from malnourishment. The
woman breaks in the middle of her life. Hence, Rapid Survey on Children9 (RSOC) conducted
the work-from-home is a spectacular option to co-jointly by the Ministry of Women and Child
fix the ‘breaks of the career ladder’, where the Development, India and UNICEF's technical
new mother will be allowed to avail this support unravelled that “29.4 per cent of
opportunity “after the period of maternity children (aged less than three years) to be
leave, for a duration that is mutually decided by underweight (low in weight for their age), while
the employer and the woman.”6 I argue that
flexible working hours (Bhattacharyya, 2016) 7
Please refer to footnote 5
8
Please refer to footnote 3
5 9
Women, Business and the Law 2016: Getting to Equal, Rapid Survey on Children (RSOC), 2013-2014, Ministry
World Bank Group, ISBN (electronic): 978-1-4648-0678-0, of Women & Child Development. Retrieved from,
DOI: 10.1596/978-1-4648-0677-3 http://wcd.nic.in/acts/rapid-survey-children-rsoc-2013-
6
Please refer to footnote 3 14
.
Singh. Space and Culture, India 2016, 4:2 Page | 27

15 per cent were wasted (low weight for their Acknowledgement

height) and 38.7 per cent were stunted (low in I wish to acknowledge the anonymous reviewer
height for age)” (Bhattacharyya, 2016d; for the valuable comments on an earlier draft
Dasgupta, 2015; Ghosh, 2016). Arguably, this of this manuscript. I also thank everyone
could cause deaths in infants and children. engaged in the journal and helping me to
Although, the problem of malnutrition is highly publish the article in its current form.
complex requiring a clean and healthy
environment with proper toilet facilities and References
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