How to embrace Maternity Benefit Act in the workplace?

Justice Chandra Dhari Singh, in a recent ruling on a matter of the same, observed that if in this day and age, a woman is made to choose between her familial life and a career progression, “we would be failing.”

The observations were made while granting relief to a pregnant woman, engaged in contractual employment with Delhi State Legal Services Authority, seeking consecutive maternity benefits to her as applicable to regular female employees. Her request for maternity benefits was declined on the grounds that there was no provision for granting maternity benefits to Legal Services Authorities.

The concern about India Inc.’s perceived reluctance to fulfill its duties towards working mothers is multi-faceted and deserves a nuanced exploration. While it’s not accurate to generalize for all companies, there are certain factors that might contribute to this perception.

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Provisions of the Maternity Benefit Act

The Maternity Benefit Act of India encompasses several important features and provisions designed to safeguard the interests of pregnant and new mothers in the workforce. Companies are required to adhere to these provisions to ensure the well-being of their female employees. Let’s understand these features in a little more detail:

Maternity leave 

The Act entitles eligible female employees to a maternity leave of up to 26 weeks for up to two pregnancies. This includes 8 weeks of leave before the expected delivery date and up to 18 weeks of leave after childbirth.

Maternity benefit 

During the period of maternity leave, the employee is entitled to receive full wages. This benefit helps support women financially during their time away from work.

Medical bonus 

In addition to maternity benefits, the act requires employers to provide a medical bonus to pregnant women, which covers medical expenses related to prenatal and postnatal care.

Prohibition of work 

Employers are prohibited from assigning physically strenuous work to pregnant women or women who have recently given birth, ensuring their safety and well-being.

Crèche facilities 

Organizations with 50 or more employees are required to provide crèche facilities, ensuring a conducive environment for women to take care of their infants while at work.

Notice of pregnancy 

Pregnant employees are required to provide written notice to the employer of their pregnancy and the expected date of delivery. This enables the employer to make necessary arrangements for their absence.

Prohibition of dismissal 

The act prohibits employers from dismissing or discriminating against female employees during or due to their maternity leave period.

Also read: How to address gender-based discrimination in the workplace?

Responsibilities of companies

Organizations must prioritize the needs of working mothers, by being a more progressive, diverse, and productive workforce, ultimately driving their own success in the process. Here are a few tips for organizations to prioritize the needs of working mothers: 

Awareness and communication: Companies should ensure that their female employees are aware of their rights under the Maternity Benefit Act. Communication about the act’s provisions, entitlements, and the process to avail them is essential.

Implementation of policies: Employers need to establish policies and practices that align with the provisions of the act. This includes creating mechanisms for granting maternity leave, providing medical benefits, and establishing crèche facilities where necessary.

Safe working conditions: Companies should assess and modify work conditions as needed to ensure the safety and well-being of pregnant employees and new mothers.

Facilitate flexibility: Providing flexibility in work arrangements, such as remote work or flexible hours, can support working mothers in managing their professional and maternal responsibilities.

Nondiscrimination: Employers must uphold a culture that promotes gender equality and does not discriminate against women due to pregnancy or maternity-related matters.

Why is India Inc. afraid of their duties towards working mothers?

Organizations are led by people who are led by their own biases and assumptions. Traditional gender roles, lack of policies, unconscious biases, etc. are some examples of the barriers that a working mother goes through. Let’s understand these barriers in a little more detail:

Traditional gender roles 

India has deep-rooted cultural norms that often assign primary caregiving responsibilities to mothers. This can lead to biases and assumptions about a woman’s ability to balance work and family life, which may inadvertently affect her career progression.

Lack of policies 

Many companies might not have comprehensive maternity leave policies or support systems in place. This absence of structured support can discourage working mothers from continuing their careers due to the challenges posed by managing both work and family responsibilities.

Unconscious bias 

Unconscious bias can play a significant role in the workplace. Managers and colleagues might hold assumptions that working mothers are less committed or capable, even though these assumptions are often baseless. Such biases can impact opportunities for career growth and development.

Infrastructural challenges 

Inadequate childcare facilities, flexible work options, and remote work opportunities can make it difficult for mothers to juggle their professional and caregiving responsibilities effectively.

Societal pressures 

Social expectations around being a “good mother” can influence women’s choices. Balancing work and family life can lead to feelings of guilt or inadequacy, pushing some working mothers to make career sacrifices.

Legal and regulatory gaps 

While India does have maternity leave policies, there might be gaps in their implementation and enforcement, which can discourage companies from proactively supporting working mothers.

Also read: Working Parents Do Not Have Flexibility, Says Amita Bhardwaj, Curriculum Director, Footprints Childcare

Are we seeing a change and if yes, then how is that becoming possible?

There’s a gradual shift in mindset towards recognizing the value of a diverse workforce. Many forward-looking companies are now realizing the advantages of creating family-friendly policies that support both men and women in their roles as caregivers.

Establishing support networks and employee resource groups for working parents can create a more inclusive environment and provide a platform for advocating for policies that address the needs of working mothers.

While companies might hesitate to invest in comprehensive support systems due to concerns about costs, evidence suggests that investing in family-friendly policies can lead to increased employee retention, productivity, and overall well-being.

Embracing the Maternity Benefit Act is not just a legal obligation, but a transformative step towards fostering a workplace culture that champions gender equality and employee well-being. By adopting the provisions of this Act, companies have the opportunity to demonstrate their commitment to supporting working mothers during a pivotal phase of their lives. Providing maternity leave, medical benefits, and a safe working environment sends a powerful message that employees’ personal lives are valued and respected. Furthermore, offering crèche facilities and flexible work arrangements showcases an organization’s dedication to creating an inclusive and family-friendly environment. 

Embracing the Maternity Benefit Act is not only ethically sound but also contributes to higher employee morale, improved retention rates, and a stronger reputation in the market. 

Need help? Do not limit yourself to drafting policies for working mothers. Draft more inclusive policies related to parenting. Write to us at contact@ungender.in or get in touch with us.

Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6,000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.