Cutting across party lines, Rajya Sabha on Thursday passed a Bill that provides for 26 weeks maternity leave, even as some members sought norms for paternity leave so that parents can share the responsibility of raising children. The Maternity Benefit (Amendment) Bill 2016, which was moved for consideration and passage by Labour Minister Bandaru Dattatreya, was passed by a voice vote.
The measure also seeks to increase maternity benefit from 12 to 26 weeks for two surviving children that would benefit about 1.8 million women in the organised sector. The new law will be applicable to all establishments employing 10 or more people.
The Maternity Benefit Act, 1961, protects the employment of women during the time of her maternity and entitles her full paid absence from work, to take care for her child.
The act also approves 12 weeks maternity benefits to ‘commissioning mother and “adopting mother”. A commissioning mother is one who gets a baby via surrogate mothers.
Once the new law is enacted, India will jump to third position in terms of the number of weeks for maternity leave after Norway (44) and Canada (50), said Labour Minister Bandaru Dattatreya while replying to a debate on the legislation.
Cabinet on Wednesday had given ex-post facto approval to the amendments made to the Maternity Benefits Act, that aims to raise maternity leave to 26 weeks. “The very purpose of this Bill is to increase the working women force because in the work force, participation of women is decreasing day by day,” Dattatreya said.
Women and Child Development Minister Maneka Gandhi said her ministry had recommended raising maternity leave from 12 weeks to 8 months but it was considered too long for the employer. The legislation will go a long way in ensuring that the future generations are healthier, she said as she noted that after giving birth, a woman’s body needs to heal over a period of time. “It is a very stressful time for the mother, who should be with the child”.
