Maternity leave: India needs to do more

India has passed a law to enhance the maternity leave from 12 to 26 weeks. A look at the maternity & paternity leave policies around the world indicates that India has a long way to go. International Labour Organization’s (ILO) Maternity and Paternity at Work Report 2014 states that maternity protection is a fundamental right and an element of comprehensive work-family policies.

It is crucial for promoting maternal and child health and preventing discrimination against women in the workplace. The goal of maternity protection legislation is to enable women to combine their reproductive and productive roles successfully and promote equal opportunities and treatment in employment and occupation without prejudice to health or economic security.

India passed the ‘Maternity Benefit (Amendment) Bill, 2016’ on March 9th, 2017 extending the maternity leave from 12 weeks to 26 weeks. According to the World Policy Center, the number of countries extending at least 14 weeks of leave has been steadily rising since 1995. While some high-income countries have a generous maternity leave, some countries in Central Asia and Eastern European region like Croatia, give up to 58 weeks, the highest in the world.

Czech Republic has 28 weeks and Vietnam, Venezuela and Isle of Man have 26 weeks each along with India. According to available data, eight countries do not guarantee paid leave to mothers of infants. These are: Papua New Guinea, Suriname, the United States of America, and five small Pacific island states (Marshall Islands, Micronesia, Nauru, Palau, and Tonga). USA is the only high-income country that does not have a statutory maternity leave policy, although five States have created their own maternity policies.

Paternity or Parental Leave
The inclusion of basic paternity leave or combined family leave provisions would have made India’s bill a historic legislation for two reasons. Recognizing the potential contribution of women to the country as well as giving equal protection to their reproductive rights without jeopardizing their right to work.

Recognizing the role of father as an essential contribution to child rearing and giving them the right to bond with their children without compromising on the financial ability to provide for the family An IMF working paper in 2015 on Indian women participation in organised labour force discusses that a working wage is chosen by women only if the earnings at least make up for the lost home production, both goods and services like child rearing.

This is because majority of household related work in India is assumed as the responsibility of the female partner including parenting. This is one of the barriers preventing women from participating in labour force in spite of having education and the intent. Also, the burden of childcare falls on the female partner triggering them to leave the workforce after childbirth, particularly in nuclear families.

ILO’s ‘Maternity and Paternity at Work’ Report 2014 quotes researcher Erin Rehel on the role of the father at home. “By drawing fathers into the daily realities of childcare, free of workplace constraints, extended time-off [immediately after the birth]provides the space necessary for fathers to develop the parenting skills and sense of responsibility that then allows them to be active co-parents rather than helpers to their female partners.”
Unlike in India, a number of countries around the world have paternity leave or parental leave.

In Norway, a father can take 10 weeks paid leave to be with his child along with an option of taking 26 weeks of parental leave at 100% pay or 36 weeks of parental leave at 80%. In case the child is in the sole care of mother or father, they can take 10 weeks of mandated leave and are entitled to take the 36 weeks of parental leave.

In Sweden, more than 68 weeks (480 days) of parental leave can be shared between parents. Out of the 480 days, 90 days are reserved for the fathers. In Denmark, parental leave depends on your employer agreements and it can amount up to 52 weeks. In United Kingdom, the father can take up to 52 weeks, minus the days taken by the mother as maternity leave.

In Germany, father or mother can take up to 52 weeks of parental leave with a minimum of two months for each parent. In Canada, besides the 15 weeks of maternity leave, parents are given 35 weeks of leave that can be shared between them. This new maternity bill for India is a lost opportunity to label India as a gender-neutral country in law and practice. Integrating the role of fathers into parental responsibility will allow women to feel equal as well as contribute to their family and country financially. Courtesy: https://factly.in)

By Tejeswi Pratima Dodda