The Government is considering a draft amendment bill of the Ministry of Women and Child Development for amending and inserting new provisions to the Maternity Benefit Act, 1961. If the bill is passed and becomes law, women employees will be entitled to a longer duration paid maternity leave. The paid maternity leave will be 26 weeks, more than double the 12 weeks mandated presently. Further, commissioning mothers (using surrogates to bear a child) and adopting mothers will also be entitled to paid parental leave of 12 weeks. This proposal has definitely brought cheer to working women.
But all is not expected to be smooth sail as the bill goes through the process of being discussed, debated and possibly changed before it is enacted as a law imposing rights and obligations. The original proposal of Ms. Maneka Gandhi, Minister of Women and Child Development for 28 week paid maternity leave period was cut to 26 weeks by the Ministry of Labour. In September the Labour Ministry initiated tripartite discussions on this matter with Trade Unions and Employers. Though the proposal has been appreciated, concerns have been raised on the implications for both employers and
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These are concerns of affordability. There are also concerns that women will lose touch with work related developments during the longer leave and lag behind on rejoining. Some have raised issues of women losing focus and being distracted by baby and family in the longer absence time. The reform being made mandatory for the organised sector is also being questioned as it will benefit less than quarter of women in the workforce. The majority of women work in the unorganised sector and get little or no maternity benefits from employers. There are concerns that this provision could hinder employment of young married women in the organised