Authored by

Santhini M., Gadha Vijay D.

Introduction:

The Maternity Benefit Act of 1961 was designed to safeguard the rights and well-being of pregnant employees and those who have recently given birth. Its primary goal is to shield them from health and safety risks while ensuring access to paid maternity leave, healthcare for both mother and child, and facilities for breastfeeding. The Act also includes safeguards against discrimination and unjust termination related to maternity, as well as a guarantee that women can return to their jobs after the end of their maternity leave. These protective measures aim to encourage women of childbearing age to enter the workforce and support young mothers in continuing their employment. Without such protections, many women would be forced to leave the labour force.

The 2017 amendment to the Act aligns with global standards, including those set by the International Labour Organisation (ILO) and the World Health Organisation (WHO), which advocate for exclusive breastfeeding for at least six months to support the child’s physical and mental development. The amendment notably increased the duration of paid maternity leave to 26 weeks, surpassing the 14-week leave recommended in the 2000 ILO convention and even exceeding the 18 weeks suggested in ILO Recommendation No. 191. This extension is designed to provide mothers with sufficient time to care for their infants and recover fully before returning to work.

Furthermore, the 2017 amendment introduced modern provisions such as mandatory crèche facilities, leave for commissioning and adoptive mothers, and options for working from home. These enhancements reflect India’s forward-looking approach to supporting women in the workplace and contribute to broader objectives of gender equality and inclusion. With these reforms, India now stands among a select group of countries offering robust maternity protection, which plays a crucial role in promoting the physical, social, and economic well-being of women, their families, and society as a whole.

This study seeks to explore the Amendment from a comparative and implementation-based perspective, analysing how India’s maternity policies align with or diverge from international practices, evaluating the role of individual states in enforcing and supporting the provisions, and identifying the gaps and obstacles that hinder effective execution.

Review of Literature:

Ryger, G. (2014).  It highlights that despite a national legal framework, around 830 million women lack maternity-related protection, particularly in Asian and African countries. It calls for global law enforcement to ensure better work-family balance and gender equality in maternity and paternity protection-related laws. 

Nikore (2017), the financial burden of extended leave and mandatory crèche facilities (borne entirely by employers) has led to reduced demand for female labour, increased contractual hiring, and a push of women into informal employment.

 Jean D’Cunha(2018). Research indicates that maternity benefits can increase women’s workforce participation. Maternity benefits should be extended to the informal sector also, as they lack access to these benefits.

Jadon, M. S., & Bhandari, A. (2019).   Critique the absence of paternity leave or shared caregiving provisions, noting that the law reinforces stereotypical gender roles by framing childcare as solely a woman’s responsibility.

Sharma, Raman (2020). Critiques that emphasise the need for shared parental responsibility and the inclusion of paternity or parental leave policies, which would ease the gendered burden of childcare. The author also discusses the judicial response and many policies associated with the National Maternity Benefit Scheme.

Routray, C. et al(2021).  There was a comparison of maternity provision among the UK, Canada and India based on (i) the number of leave days, (ii)Financial benefits, and (iii) Penalty. The study concludes that these Maternity Benefits are the first steps toward ensuring a better future for the country.

Juneja (2024) finds the Act to outperform the labour laws in Singapore (16 weeks), Malaysia (60 days) and the Philippines (105 days) owing to longer maternity leave provisions (26 weeks), crèche facilities  and work-from-home options. 

Rajeshwari, Thakur et al. (2024) find 93.5% of women workers in India to be deprived of maternity benefits, with the requirement of 80 days’ work (prior to the leave) to qualify for the benefits posing barriers for casual workers. The exemption of firms with less than 10 employees from providing maternity benefits affects 85% of the female workforce. The paper highlights the “motherhood penalty” contributing to workforce exit within four months post-maternity leave.

Amantea et al. (2025) Analyses the maternity leave policies of 27 member states of the European Union and demonstrates that while Sweden’s gender-neutral 480-day shared leave model increased maternal workforce participation to 82% (vs. 67% EU average), states like Croatia (14 weeks) and Bulgaria (58 weeks) show seeming disparities in actual uptake. The study revealed that women still take 72% of total leave days, despite shared leave options. The team proposes tiered subsidies (scaling from 100% government coverage for micro-enterprises to 40% for large firms), paternity quotas (modelled after Sweden’s 90-day minimum), addressing cultural biases and compliance incentives linking tax breaks to gender parity metrics. 

Maternity Benefits Compared Globally:

Maternity leave policies exhibit significant global variations in duration, monetary benefits, and eligibility. Countries like Sweden and Norway offer the most generous parental leave, providing up to 480 days (shareable) and up to 61 weeks, respectively, often fully paid or with high percentage coverage. This reflects robust social welfare systems and an emphasis on shared parental responsibility. Similarly, Germany ensures 14 weeks of fully paid leave, extendable to three years with government subsidies, and the UK grants up to 52 weeks, with initial high pay, regardless of employment tenure. Canada provides up to 78 weeks of extended benefits with weekly caps.

In contrast, India offers up to 26 weeks of fully paid leave, but the financial burden primarily rests with the employer. The UAE presents a tiered system, with government employees receiving 90 fully paid days, while private sector workers get 45 fully paid and 15 half-paid days within a 60-day limit. The United States stands out as a significant outlier, offering a mere 12 weeks of unpaid leave, highlighting a substantial gap in federal support compared to other developed nations. Eligibility criteria also vary, with the UK and Germany offering more inclusive access, while others, such as India, Canada, Norway, and Sweden, require specific work history or only 12 weeks of unpaid leave, which highlights the importance of social security contributions. This comparative analysis underscores a clear global divide: nations with strong social safety nets provide extensive, well-compensated leave, promoting both parental well-being and gender equality, whereas others, notably the US, place a greater financial onus on individuals and employers..

State-Level Maternity Schemes Complementing the Act:

The Maternity Benefit Amendment Act (2017) is a milestone in India’s relentless pursuit of achieving the objective of women’s empowerment. Despite the absence of government funded maternity leaves in the Act, the Central government offers limited financial assistance through schemes such as Pradhan Mantri Matru Vandana Yojana (cash benefits of Rs.5,000 for the first child and Rs. 6,000 for the second child of socially and economically disadvantaged women) and Janani Suraksha Yojana, upholding the entitlement of pregnant and lactating mothers to financial support. The centrally sponsored schemes become more effective when accompanied by grassroots-level initiatives of States and union territories. The theme explores such initiatives.

Under the Dr. Muthulakshmi Reddy Maternity Benefit Scheme, Tamil Nadu offers a benefit of Rs.18,000 and nutritional kits to women from economically weaker sections of society. The state utilises Self-Help Groups to provide loan facilities under District Central Cooperative Banks. The KCR Kits Scheme in Telangana provides kits containing essential items for pregnant women and infants, including baby oil and napkins, along with financial assistance of Rs. 12,000. The Thayi Bhagya Scheme (Karnataka) provides cashless treatment to pregnant women below the poverty line in private hospitals, showcasing the state’s commitment to delivering quality healthcare services through a strong public-private partnership model. The MAMATA Scheme of Odisha offers partial wage compensation of Rs. 10,000 in two instalments, provided the women fulfil certain conditions, such as completion of two Antenatal Check-ups.  The conditional clauses aim to increase the utilisation of maternal and child health services, especially antenatal and postnatal care, and immunisation. In Rajasthan, pregnant women can avail E-Vouchers for free sonography or ultrasound test under the Mukhyamantri Ayushman Arogya (MAA) Voucher Yojana.

Several initiatives focus on providing financial assistance to the marginalised and vulnerable. The Puducherry Adi Dravidar Welfare Department grants financial assistance of Rs.12,000 to pregnant women and nursing mothers of poor and Scheduled Castes in two instalments. The Kerala government launched Snehasparsham to provide financial assistance to unmarried mothers who often struggle to meet their basic needs. The Mukhya Mantri Shramik Seva Prasuti Sakayak Yojana (Madhya Pradesh) provides Rs.18,000 to unorganised workers, along with four pre-natal check-ups. Rajasthan provides Rs. 21,000 for the birth of a daughter and Rs. 20,000 for the birth of a son, with an additional assistance of Rs. 1,000 in the absence of benefits under the Janani Suraksha Yojana. In Maharashtra, financial aid is available for standard and surgical delivery.

Under Arogya Lakshmi, Telangana provides a full-day meal, along with iron supplements, every day, designed according to World Health Organisation guidelines. The state offers kits for Balamrutham, a supplementary food, to mothers of 7 months and children to reduce malnutrition and anaemia. Uttarakhand, under the Mukhyamantri Mahila Poshan Yojana, provides food supplements to pregnant women and lactating mothers in the form of eggs and dates for two days a week. Poshan Sudha (Gujarat) provides nutritional support in tribal districts by offering one nutritious meal per day, along with health awareness classes, and Doodh Sanjivani offers flavoured milk to tribal women. Bihar, similarly, offers boiled eggs for two days a week. The Mukhyamantri Matru Shakti Yojana (2022) in Gujarat provides nutritional kits aimed at addressing the critical first 1,000 days of a child’s life. In light of their alarming Maternal Mortality Rates, Dadra and Nagar Haveli and Daman and Diu launched the Swabhimaan Scheme, offering Take-Home Rations of 7.5 kg to women every month.

Implications Challenges

The Maternity Benefit (Amendment) Act, 2017, expanded maternity benefits for working women in India. It increased paid maternity leave to 26 weeks for women with their first two children, and 12 weeks for subsequent children, adoptive mothers, and surrogate mothers. As per the Act, to be eligible for maternity benefits, a woman must have been working as an employee in an establishment for at least 80 days within the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence.

Challenges related to the Maternity Benefit (Amendment) Act, 2017:

Implementation Gaps: A significant portion of India’s workforce is in the unorganised sector, where enforcement of the Act and awareness among women regarding their rights are often lacking. Insufficient enforcement, due to weak enforcement mechanisms, inadequate government inspections, and a lack of awareness among women, contributes to non-compliance by employers.

The extended maternity leave and mandatory crèche facilities can increase costs for employers, leading to hesitancy in hiring women of childbearing age, preference to male candidates in job interviews over female candidates, and gender inequality. Some firms might increase their “reservation productivity” (the minimum productivity required for hiring) for women in this age group, effectively raising the bar for their employment.

No Paternity Leave: The absence of mandatory paternity leave shifts the entire burden of childcare onto women, reinforcing traditional gender roles.

Many employers are non-compliant or unaware of the law. In the absence of vigorous enforcement, many women face termination before childbirth and are often forced to return early or forgo leave.

Social Pressure: Cultural norms and expectations can also influence how women perceive and utilise maternity benefits, sometimes leading them to prioritise family over career advancement.

Women employed on a contract basis or through agencies often fall through the cracks. Employers may exploit loopholes to avoid long-term contracts for female employees.

Lack of state support or incentives leads to a burden on employers. Unlike other countries, the Indian government does not subsidise maternity leave costs for employers.

Rather than empowering women, the Act may contribute to a decline in workforce participation. India’s female labour force participation is among the lowest in the world and continues to drop.

Conclusion:

By comparing the global trends and examining state initiatives, we conclude that the Maternity Benefit Amendment Act (2017) is one of the most progressive labour laws in the world, due to its comprehensive leave provisions, crèche facilities, flexible visiting hours, and work-from-home arrangements. However, like any government scheme, it leaves much to be desired. The Act does not change the existing provisions of paternity leave. The lack of extension of maternity benefits to spouses reinforces the traditional gender norms of women as caregivers and affects their well-being. Women in nuclear families endure emotional and physical struggles during pregnancy and post-delivery, and a lack of a support system exacerbates the issue. The unintended exclusion of the informal sector and informalization of the economy deprives the majority of Indian women of the benefits.

The extension of visiting hours to crèches, work-from-home options for men, and shared parental leave would make the field more “even” or “level-playing” for both men and women, and break stereotypes. The parental leave provisions of Sweden, where each parent can take 240 days of leave, is a good example. The government should bear the onus of funding the paid benefits (complying with the ILO Convention 183, which advocates for the government to fund two-thirds of the leaves) as it would be unfair to place the burden on startups and Small and Medium Enterprises (SMEs). Several state and local initiatives could help ease the burden to some extent. As seen previously, states such as Madhya Pradesh and Rajasthan provide financial assistance to protect construction workers. Programs such as Aarogya Lakshmi, KCR kits, and the Dr Muthulakshmi Reddy Maternity Benefit Scheme provide financial aid in conjunction with quality healthcare services. Schemes such as Snehasparsham protect the vulnerable. Despite good intent, any policy would fail without efficient implementation. Strict enforcement mechanisms at the grassroots level are necessary to ensure the implementation of these provisions without fail.

Contributions 

Introduction: Santhini M

Review of Literature : Santhini M, Gadha Vijay D, Ishita , Neha Panwar, Sejal Garg

Theme I: Santhini M

Theme II: Gadha Vijay D 

Theme III: Ishita

Conclusion: Gadha Vijay D

References

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