Maternity leave now raised to 26 weeks

The government is also thinking of introducing direct benefit transfer for women

Cutting across party lines, elders in Rajya Sabha 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 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.

He said the law is applicable to all establishments employing 10 or more persons.

Citing the maternity leave rules prevalent in various countries, Dattatreya said post the enactment of the Bill, India will jump to third position in terms of the number of weeks (26) for maternity leave, behind Norway (44) and Canada (50).

Highlighting that there are more nuclear families now, Women and Child Development Minister Maneka Gandhi said the Bill has its roots in malnutrition, as breastfeeding the child is recommended which is not possible unless the mother is in physical proximity of the child.

Moreover, after giving birth, a woman's body needs to heal over a period of time, she said, adding "it is a very stressful time for the mother, who should be with the child".

Observing that the legislation will go a long way to ensure that the future generations are healthier, Gandhi said the women and child development ministry had recommended raising maternity leave from 12 weeks to 8 months but it was considered too long for the employer.

The minister said the government was thinking of introducing direct benefit transfer for women and it was "under consideration".

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.

Cabinet had, on Wednesday, given ex-post facto approval to the amendments made to the Maternity Benefits Act that aims to raise maternity leave for women from 12 weeks to 26 weeks.

Photograph: Reuters