Maternity and Paternity Benefits Under Indian Employment Laws

Maternity and Paternity Benefits Under Indian Employment Laws-: In India, workplace policies concerning parenthood have evolved significantly over the years. With a growing emphasis on work-life balance, health, and gender equality, Indian Employment Laws have introduced a range of benefits to support employees during their transition into parenthood. While maternity benefits are well-defined and legally protected, paternity benefits are still in a developmental stage. This blog explores the key provisions under Indian law regarding maternity and paternity benefits and how they impact both employees and employers.

Understanding Maternity Benefits in India

The cornerstone of maternity rights in India is the Maternity Benefit Act, 1961, which applies to establishments employing 10 or more people. This Act was significantly amended in 2017 to strengthen maternity support and improve working conditions for women.

Key Provisions of the Maternity Benefit Act:

Paid Leave:
A female employee is entitled to 26 weeks of paid maternity leave for the first two children. For the third child and beyond, the leave is reduced to 12 weeks.
Adoption and Surrogacy:
Women who legally adopt a child below the age of three months or commission a child via surrogacy are entitled to 12 weeks of paid leave.
Work from Home Option:
After maternity leave ends, employers may allow women to work from home, depending on the nature of the job.
Crèche Facility:
Every establishment employing 50 or more employees must provide crèche facilities within a prescribed distance.
No Dismissal During Maternity Leave:
Employers cannot dismiss or discharge a woman employee during her maternity leave, nor can they issue a notice of dismissal during this period.

These provisions have helped increase female workforce participation and provided a safer and more balanced environment for working mothers.

Paternity Benefits in India: Current Scenario

Unlike maternity benefits, paternity benefits in India are not governed by a specific central law. Currently, India lacks comprehensive legislation that mandates paid paternity leave for all male employees in the private sector.

Existing Options for Paternity Leave:

Central Government Employees:
Male central government employees are entitled to 15 days of paternity leave either before or within six months after the birth of their child. This applies to up to two children.
Private Sector Employees:
There is no statutory requirement for private companies to offer paternity leave. However, many progressive organizations provide 7 to 14 days of paid or unpaid paternity leave as part of their internal HR policies.
Demand for Reform:
With changing family dynamics and increased participation of fathers in child-rearing, there has been a growing demand for gender-neutral parental leave policies. The proposed Paternity Benefit Bill, 2017 aimed to provide 15 days of paternity leave to all employees, but it is still pending parliamentary approval.

Challenges and the Way Forward

While India has made substantial progress in safeguarding maternity benefits, Employment Laws still need to catch up when it comes to creating equitable paternity rights. Some of the key challenges include:

Gender Bias: Maternity leave is viewed as a woman-centric issue, leaving fathers out of the equation.
Lack of Uniformity: Paternity benefits vary greatly across sectors, companies, and states.
Workplace Stigma: Men often refrain from availing paternity leave due to fear of judgment or career setbacks.

To build a truly inclusive workplace, India needs to adopt gender-neutral parental leave policies that support both parents equally. Employers also need to acknowledge the importance of paternity leave in child development and family well-being.

Conclusion

Maternity and paternity benefits play a crucial role in ensuring the physical and emotional well-being of both parents and children. While Indian laws have created a robust framework for maternity leave, paternity benefits remain largely underdeveloped. A balanced and gender-inclusive approach to parental leave will not only enhance employee satisfaction but also promote a healthier and more productive work culture.

Legal Advice By: Advocate P.S. Khurana