INTRODUCTION
Maternity benefits are given to protect and preserve the physical as well as mental health of the mother and to ensure proper care of the newborn child. This article examines the provisions of the maternity benefit under the Code on Social Security, 2020.
MATERNITY BENEFITS UNDER THE CODE ON SOCIAL SECURITY, 2020
The Union Government has passed four new labour laws pertaining to wages, social security, industrial relations, and occupational health as part of a much-needed revision of India’s labour laws. The current Maternity Benefit Act, 1961, is merged with and modified by Chapter-VI of the Code on Social Security, 2020.
According to Section 60 of the Code, every woman who has worked for a minimum of 80 days in the twelve months immediately preceding the date of her expected delivery is entitled to the payment of maternity benefits. These qualified female employees are entitled to 26 weeks of maternity leave, not to exceed 8 weeks prior to the expected date of delivery.
Section 5 of the Maternity Benefit Act of 1961, as amended by the Maternity Benefit (Amendment) Act of 2017, is precisely replicated in the aforementioned clause. As a result, the Code does not stipulate a specific amount of additional maternity pay or leave, as the case may be.
WHAT IS THE NEED FOR MATERNITY BENEFITS?
Maternity benefit is a need today as women’s participation in the workforce is increasing slowly but steadily. The following are some of the reasons why maternity benefits are important:
1. Health and Well-being: Maternity benefits ensure that pregnant women have access to proper prenatal care, including medical check-ups, screenings, and vaccinations. Adequate prenatal care reduces the risk of complications during pregnancy and childbirth, ensuring the well-being of both the mother and the baby.
2. Infant Health and Development: Maternity benefits that support breastfeeding and newborn care contribute to improved infant health and development. Breastfeeding, in particular, provides essential nutrients and strengthens the baby’s immune system, leading to a lower risk of illness and better long-term health outcomes.
3. Financial Support: Maternity benefits provide financial assistance to expectant mothers during their pregnancy and post-delivery period. This support helps cover medical expenses, loss of income during maternity leave, and other related costs. Financial stability enables mothers to focus on their health and the care of their newborns without undue stress.
4. Gender Equality: Providing maternity benefits is a crucial step toward achieving gender equality. Pregnancy and childbirth are unique to women, and without adequate support, women may face discrimination, reduced job opportunities, or the risk of losing their employment altogether. Maternity benefits help protect women’s rights, ensuring they can balance their maternal responsibilities with their professional lives.
5. Social and Economic Benefits: Maternity benefits have broader societal and economic benefits. They contribute to population health by ensuring that women receive necessary medical care during pregnancy, reducing maternal and infant mortality rates. Additionally, they promote family stability and the overall well-being of children, which has long-term positive effects on society.
THE INTERPLAY BETWEEN MATERNITY BENEFITS AND EMPLOYMENT
The interplay between maternity benefits and employment needs to be examined from two perspectives: the first focuses on how longer maternity leave durations affect women’s employment generally, while the second examines how maternity leave affects a woman’s return to work after the same.
Regarding the first viewpoint, it has been noted that longer maternity leaves lower infant mortality rates and maternal stress in mothers and thus, the demand for longer maternity leaves is justified. The downside is that longer maternity leaves have resulted in a reduced likelihood of promotions, upward mobility in management and an increased possibility of biases against women in general.
Women should not have to choose between their jobs or motherhood. It goes against liberty and equality which is guaranteed under the Indian constitution.
The second perspective mentioned above relates to women’s prospects upon returning to work after longer maternity leave. Upon return from long maternity leave, women are perceived to have decreased levels of dedication towards them despite their prior contributions and performance.
The new labour code has missed out on an opportunity to bring out progressive changes to address issues faced by women and to add unique benefits for working women.
SUGGESTIONS:
1. Extended Maternity Leave: Increase the duration of maternity leave from the existing 26 weeks to 36 weeks, considering the World Health Organization’s recommendation of exclusive breastfeeding for the first six months. This extension will allow new mothers to recover physically, bond with their newborns, and initiate breastfeeding more effectively.
2. Flexibility in Working Hours: Encourage flexible working arrangements for new mothers to ease their transition back into the workforce. This could include options such as part-time work, work-from-home arrangements, or flexible hours that allow them to balance work and caregiving responsibilities effectively.
3. Nursing Breaks and Facilities: Mandate employers to provide adequate nursing breaks and suitable facilities, such as breastfeeding rooms or designated areas, to enable breastfeeding or expressing milk in a hygienic and comfortable environment. This will support the continuation of breastfeeding after the mother returns to work.
4. Financial Assistance for Maternity Expenses: Establish a comprehensive maternity benefit package that includes financial assistance for maternity-related expenses, such as prenatal care, hospitalization, childbirth, postnatal care, and vaccinations. This support will alleviate the financial burden associated with maternity and promote better health outcomes for both mother and child.
5. Monitoring and Enforcement: Strengthen the monitoring and enforcement mechanisms to ensure the effective implementation of maternity benefits. Establish a dedicated authority or agency responsible for overseeing compliance, addressing grievances, and promoting awareness among employers and employees regarding their rights and obligations.
CONCLUSION
Maternity benefits are not only limited to leaves, but they should also include providing an inclusive and helpful environment to women, so they can ease into their work life after giving birth. The implementation of existing laws remains a challenge as there are inadequate enforcement measures. The Code on social security, 2020 has missed an opportunity to introduce and amend the previous code in a forward-thinking manner.
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