MATERNITY AND PATERNITY LEAVE POLICIES: SUPPORTING WORKING MOTHERS AND FATHERS

 


Source: Startup Magazines


ABSTRACT 

This study shows the prevailing conditions in India regarding maternity and paternity benefits to parents. Legislations that are enacted for providing the much needed pre and post pregnancy benefits to mothers and fathers. This research paper also highlights the importance of paid paternity leaves and its effect in reducing gender wage gap.

Authors: Dhanshri Parob and Sonal Choudhary

INTRODUCTION

The Maternity Benefit Act of 1961 gave mothers the ability to receive three to six months of paid leave during pregnancy and the postpartum phase. While there is no legal stipulation for fathers to avail paternity leaves in the private sector, Central Government employees can take up to 15 days of paternity leave before or after the birth of their child (Government of India, 2023). There is growing discourse surrounding the existing legal framework in India, particularly due to the gender disparity in childcare and housework in Indian society. A time use survey published by the Organisation for Economic Co-operation and Development (OECD) in 2021 showed Indian women spend 577 per cent more time on unpaid work than Indian men, with the former spending up to 352 minutes per day in contrast to a mere 52 minutes per day by the latter.

HISTORICAL OVERVIEW

Maternity leave is a legal provision for expecting and postpartum mothers in most parts of the world. However, the amount of paid time off given to mothers can differ significantly from nation to nation. Scandinavian nations such as Norway and Sweden are generous with the amount of parental leave given to both men and women, while the United States does not have legal provisions for paid parental leave (International Labour Organization, 1998). Maternity leave was introduced with the health of the mother and child in mind, in an era that saw high maternal and infant mortality rates (Aitken et al., 2015) . It allowed mothers to recover from child birth while also reducing financial burden in the household. The rate of maternal mortality in India significantly declined after measures such as maternity leave were introduced alongside the technological and medical advances of the time (Pandit, 1987).

The introduction of maternity leave also reduced the number of women leaving the workforce after childbirth. However, a 2018 report by Ashoka University showed that 73 per cent of Indian women leave the workforce after the birth of their child, with only 27 per cent returning after a hiatus (Predicament of Returning Mothers: Research Report, 2021) . To alleviate the burden of unpaid domestic labour and bring gender balance in childcare, paternity leaves or gender neutral parental leaves were suggested by sociologists such as Renske Keizer (Erasmus University Rotterdam, 2021). While many nations are yet to offer paid paternity leave for fathers, Japan offers a year of paternity leave for fathers to encourage family planning and alleviate the declining birth rate (Tsujimoto, 2020).

CAPABILITIES APPROACH AND PARENTAL LEAVE

The capabilities approach was introduced by economist Amartya Sen in 1985 and further developed by Martha Nussbaum in the realm of gender in economics (Nussbaum, 2003). The school of feminist economics utilised this approach to develop frameworks for assessing gender equality and gender balance in the workplace, such as the capabilities list propounded by Ingrid Robeyns in the journal Feminist Economics (2003). The capabilities approach served as a framework for conceptualising family and social policies, and examining the impact of maternity leave on the work-life balance. Javornik and Yerkes (2020) examine the contribution of this framework to research on social policies through its use and application by researchers and policy makers.

Welfare economists have examined the correlation between the wellbeing of a society with the application of microeconomics. The economic outcomes and the impact of paid parental leave on gender equality has been reviewed by economists such as Christopher Ruhm (1998), Bastani et al (2018) and Canaan et al (2022). Research shows paid parental leave has played a role in the welfare of women and maternal health, but women are set back by their absence in the workforce, as it results in them having less work experience, creates gender gaps in the workforce, and confines women to traditional gender roles. While paid paternity leave could help combat these issues by allowing both parents to contribute to domestic labour and child rearing, there has been criticism for shared parental leave. Ernestine Ndzi (2018) puts forth the challenges of shared parental leave and the reasons women might not be in favour of such a policy, such as breastfeeding, coercement from fathers, and lack of support from employers.

PATERNITY PAYMENT BENEFITS ACT, 2017

The paternity benefits bill was introduced in 2017 by Shri Rajeev Satav which can be considered as the first breakthrough to provide gender neutral legislation in India. This bill is yet to pass. The proposed bill aims to protect father's employment in diverse sectors, including the private, self-employed, and unorganised sectors, for a certain period both before and after becoming a father. Furthermore, it also seeks to establish provisions for paternity benefits.

PATERNITY PAYMENT BENEFITS 

The proposed bill aims to provide paternity benefits to every man working in the establishment at the rate of the average daily wage for the period of actual absence calculated on the basis of the period immediately preceding the date of delivery of child to his legally wedded or commissioning mother. It further provides that a man is entitled to such benefits only if he has worked for a period not less than 80 days in 12 months immediately preceding the expected date of delivery.

DISMISSAL DURING ABSENCE

It also shields the newly became parent from unlawful dismissal or discharge on account of absence during paternity leave by the employer. Provisions have been provided to protect the aggrieved employee by appealing to higher authorities . 

CONCLUSION

Paternity leave plays an integral role in promoting the overall well-being of new mothers and fathers and also guaranteeing a steady income source to sustain both the child and the parents. This ensures that essential post-pregnancy care is delivered in a stress-free environment. Paternity leave provides parents with the confidence that they can attend to their offspring without continuous worry about job insecurity. Employment should not merely be seen as a means of maintaining economic stability but should also contribute to the peaceful enjoyment of fundamental human rights.

In India, current legislation concerning paternity leave lacks specificity regarding the duration of leave in private establishments, creating a loophole that some businesses exploit. This allows employers to avoid granting essential leave for post-pregnancy care to both fathers and mothers, potentially leading to employee layoffs in certain situations.

To address these issues, there is a requirement for more strict and clearer regulations considering paternity leave in India. These laws should prioritize the well-being of parents and children, securing that both are sufficiently supported during the vital post-pregnancy duration.

________________________________________________________________________


REFERENCES

Aitken, Z., Garrett, C. C., Hewitt, B., Keogh, L., Hocking, J. S., & Kavanagh, A. M. (2015, April). The maternal health outcomes of paid maternity leave: A systematic review. Social Science & Medicine, 130, 32–41. https://doi.org/10.1016/j.socscimed.2015.02.001

Bastani, S., Blumkin, T., & Micheletto, L. (2018, November 14). The Welfare-Enhancing Role of Parental Leave Mandates. The Journal of Law, Economics, and Organization, 35(1), 77–126. https://doi.org/10.1093/jleo/ewy021

Canaan, S., Lassen, A., Rosenbaum, P., & Steingrimsdottir, H. (2022). Maternity Leave and Paternity Leave: Evidence on the Economic Impact of Legislative Changes in High Income Countries. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.4114688

Erasmus University Rotterdam. (2021). How research by Renske Keizer contributed to more generous paternity leave. Retrieved November 2023, from https://www.eur.nl/en/equal-opportunities/paternity-leave

Government of India. (2023, October 18). Central Civil Services (Leave) Rules, 1972. Department of Personnel & Training. Retrieved November 2023, from https://dopt.gov.in/acts/central-civil-services-leave-rules-0

Gummadi. (2021, May 8). Paternity Leave Policy in India- A Critical Analysis - International Journal of Law Management & Humanities. International Journal of Law Management & Humanities. https://doi.org/https://www.ijlmh.com/paper/paternity-leave-policy-in-india-a-critical-analysis/#

 International Labour Organization. (1998, February 16). More than 120 Nations Provide Paid Maternity Leave. Retrieved November 2023, from https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_008009

Javornik, & Yerkes. (2020, December 15). Conceptualizing National Family Policies: A Capabilities Approach. In R. Nieuwenhuis & W. Van Lancker (Eds.), The Palgrave Handbook of Family Policy (pp. 141–167). Palgrave Macmillan. https://doi.org/10.1007/978-3-030-54618-2_7

Ndzi, E. (2018). Challenges of Shared Parental Leave: Reasons Why Mothers May/May Not Want to Share Their Maternity Leave. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3191034

Nussbaum, M. (2000, July). Women’s Capabilities and Social Justice. Journal of Human Development, 1(2), 219–247. https://doi.org/10.1080/713678045

Pandit, R. D. (1987, December). Changing Trends of Maternal Mortality in Developing Countries. Asia-Oceania Journal of Obstetrics and Gynaecology, 13(4), 385–394. https://doi.org/10.1111/j.1447-0756.1987.tb00281.x

Predicament of Returning Mothers: Research Report. (2021, August 19). Ashoka University. Retrieved November 2023, from https://www.ashoka.edu.in/predicament-of-returning-mothers-research-report/

Robeyns, I. (2003, January). Sen’s Capability Approach and Gender Inequality: Selecting Relevant Capabilities . Feminist Economics, 9(2–3), 61–92. https://doi.org/10.1080/1354570022000078024

Ruhm, C. J. (1998, February 1). The Economic Consequences of Parental Leave Mandates: Lessons from Europe. The Quarterly Journal of Economics, 113(1), 285–317. https://doi.org/10.1162/003355398555586

Social Protection and Well-being. (2021, February 18). OECD Stat. Retrieved November 2023, from https://stats.oecd.org/Index.aspx?datasetcode=TIME_USE

Tsujimoto. (2020, November 14). Paternity leave in Japan: No time for baby steps. Nikkei Asia. Retrieved November 2023, from https://asia.nikkei.com/Spotlight/Comment/Paternity-leave-in-Japan-No-time-for-baby-steps

The paternity benefit bill, 2017 by Shri Rajeev Satav,M.P.

http://164.100.47.4/billstexts/lsbilltexts/asintroduced/678LS%20AS.pdf






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