The Maternity Benefit Act essentially implies that the mother is solely responsible for parenting, caring and all other aspects of child-rearing
Published Date – 8 February 2024, 11:45 PM
By Tarini Suri, Dr Moitrayee Das
There has been a seismic shift in the corporate environment in recent years, as organisations increasingly recognise the value of gender diversity and inclusivity. Many organisations are tackling gender pay discrepancies, encouraging fair remuneration and ensuring equal pay for equal effort. Others are educating their employees about the implicit biases and stereotypes that exist, through anti-bias training methods. Tackling intersectionality is increasingly getting acknowledged, and there is an emphasis on providing employees with flexible work arrangements like remote work choices, flexible hours and part-time jobs that allow them to better combine their work and personal obligations.
Gender Diversity
Numerous unconventional approaches are being developed, employed, and adopted globally to bring more gender diversity and inclusion. In particular, the evolution of the maternity leave policy is a significant factor that plays a pivotal part in this paradigm shift. Progressive maternity leave policies are becoming a curated strategy for cultivating a workplace culture that celebrates and supports gender diversity. Some organisations have gone to such great lengths that they are even offering a five-year-long maternity policy for their women employees, such as in the case of Mahindra. It appears that companies are finally beginning to realise that a maternity leave taken by an employee involves more than just taking time off for themselves and their newborn; it involves offering mothers all-encompassing assistance during this tough journey of theirs.
An extra 12 weeks of maternity leave would require many, particularly in the private sector, to make a major sacrifice of working hours. Unforeseen repercussions could result from this, such as employers being reluctant to hire women out of concern about the expense they would suffer should they need to take maternity leave (Times, 2023). This is extremely problematic in a country, especially like ours.
The policy presents challenges in India due to its imposition as an employer requirement. The full cost of providing leave to employees falls on the employers; this includes both the direct cost of having to pay employees while they are on leave and the indirect cost of having to hire other workers to complete the work that the absent employee left unfinished. Consequently, since women of childbearing age are entitled to paid family leave and are likely to use it, there is concern that companies may start to discriminate against them in hiring and salary decisions. Employer mandates, therefore, do not seem like the best approach to creating a paid leave policy (Mathur, 2018).
Gender-neutral
Gender neutrality is a crucial component for creating such a policy. It is imperative that any paid leave legislation be gender-neutral, meaning that mothers and fathers can both use it. This makes sure that both parents share the responsibility for childcare, rather than just the woman. It also acknowledges the significant influence fathers can have in a child’s early years (Mathur, 2018). The law currently allows for four days of paternity leave. Four days! That’s it.
There is a debate, though, about whether this should be extended to a full 30 days. It seems absurd that in the first place, four days have been allotted for such a significant life change, and it is expected of the male employees to abruptly change and become accustomed to being a father before abruptly returning to their previous role as employees, working 9 to 5, five days a week (Times, 2023).
The Maternity Benefit Act essentially implies that the mother is solely responsible for parenting, caring and all other aspects of child-rearing. So, while the mother is entitled to 26 weeks of paid leave, the male receives little to none. The mother must put her career on hold for six months to care for the newborn, whereas the father can resume work practically immediately. And this idea seems to be accepted well even in 2024 (Kalra, 2023).
Gender Parity
Concerns raised about the glorification of motherhood, the intrinsic linking of women’s identity to their role as mothers in patriarchal Indian society and the gendered role assigned to women in terms of childcare have led to family, community and societal pressures on women. It seems to only highlight the issues that have existed for centuries with no clear solution. Even today, it is simply “assumed” that the woman, after going through intense physiological and psychological changes, and agony, will nurse the child while simultaneously recovering from childbirth, and that males can lend a helping hand for the first week and then get back to their professional lives (Uma & Kamath, 2015). And what about the professional lives and careers of the women? What about all their hard work? Why is that not considered in such a case?
Maternity leave is one side of the coin. Assistance for recently arrived mothers is a different matter. The majority of companies (60%) provided 12 weeks of maternity leave, while 33% provided lengthier durations, according to the Society for Human Resource Management (SHRM). Paid time off, however, is insufficient. To be supported, organisations must build a larger ecosystem. It seems as though the policies have been put into place only to do so without any careful thinking. Only the new mothers themselves are aware of the struggles they face during that time, and how even a small helping hand can be a blessing for them (Mallick, 2020).
In conclusion, improving India’s maternity leave laws is essential to promoting gender parity and promoting mothers’ health. It is imperative to expand required maternity leave time beyond the present 26 weeks to address socioeconomic gaps and encourage women’s engagement in the workforce. It is essential to take into account the implementation of flexible work arrangements and the provision of fair possibilities for professional growth during maternity leave. Along with steps to lessen stigma and prejudice against pregnant employees, there is also a need for increased understanding of and adherence to current policies. We need to foster a more welcoming and encouraging atmosphere for working mothers by giving priority to these changes which will ultimately result in a society that is healthier and just.
