The government made amendments to the Maternity Benefit Act, 1961 earlier this year.
Recently, the Labour Ministry placed the financial burden of implementing the measures under the act squarely on the employers.
This has led to concerns over the feasibility of bringing it into implementation.
What are the notable amendments to the act?
The amendments seek to improve infant mortality rate (34/1,000 live births) and maternal mortality rate (167/100,000 live births).
The amendments act increased the maternity leave to 26 weeks from the earlier 12 weeks.
It also provided for leave up to 12 weeks for a woman who adopts a child below the age of three months, and for commissioning mothers.
It also facilitates 'work from home' for nursing mothers once the leave period ends.
These directives will be applicable to all establishments employing 10 or more persons.
It has made creche facility mandatory in respect of establishments with 50 or more employees.
What are the roadblocks in implementation?
The provisions can help thousands of women and produce much healthier children but the challenge lies in their implementation.
The measures introduced, particularly the creche facility, are cost-intensive.
Making employers solely liable for the cost of maternity benefits will hamper the desired implementation.
The cost burden may in first place deter employers from hiring or retaining pregnant women in work.
What should be done?
Funds - It is high time that the government shoulder the financial responsibility of providing maternity benefits.
Maternity benefits should necessarily be provided either through compulsory social insurance or public funds.
Government can create a corpus fund to partially sponsor the costs to be incurred by the employer to provide maternity benefits.
Paternity leave - Providing forpaternity leave would avoid the discrimination by the private sector in employing women.
If both men and women are entitled to leaves, the presumption will be that a man will also avail of it and it won't be disadvantageous for women.
Breastfeeding - The World Health Organisation has termed breastfeeding the “best investment in global health”.
Notably, the high level of child mortality and growing number of deaths in women from cancers and Type II diabetes are directly attributable to inadequate breastfeeding.
Government must thus find innovative and cost-effective ways to ensure that working women are not forced to discontinue breastfeeding.
