India’s Maternity Bill: Is It Inclusive?

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India's new Maternity Bill doubles the amount of paid leave on offer to working mothers. But can it reach the poor?
 The Government of India has doubled the amount of maternity leave available for pregnant women, in a move that promises to help working women better balance their careers with childcare. The passage of The Maternity Benefit (Amendment) Bill raises the leave expectant mothers are eligible for from 12 weeks to 26.

This places India third after Canada and Norway in terms of the amount of paid maternity leave on offer. With the United States yet to enact any form of paid maternity leave legislation, India’s move has been heralded as progressive – and exceeds International Labour Organization (ILO) requirements.

The Bill amends the 1961 Maternity Benefits Act – which mandated establishments with more than ten employees to provide fully-paid leave to pregnant workers. What’s changed is the ambit and the amount of leave. Adoptive mothers will be eligible for leave, and companies with more than 50 employees must maintain a crèche – which pregnant employees can visit up to four times a day. Women will also have the option of working from home, if the work permits it.

The amendment is well-timed – female labour force participation in India has been on the decline since 2005 – with India having one of the widest gender gaps in the G-20. An ILO report ascribed this to a combination of factors – more women enrolling in high education instead of for a job, and an unwillingness to disregard household roles.



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