Maternity leave laws


Currently, there are various labour laws that provide maternity benefits to women in different sectors. These laws differ in their coverage, benefits and financing of the benefits. The Second National Commission on Labour (2002) had recommended rationalisation of various labour laws with regard to providing social security, including maternity benefits. Table below details the various labour laws that provide maternity benefits.




Labour Laws across different sectors that provide maternity benefits

Labour Law applicable to


women

Coverage

Maternity benefit provisions

Financing

 

 

Maternity Benefit Act, 1961

  •  Factories; mines; plantations;
  • Shops and establishments with more than 10 employees;
  • Other establishments notified by the state government.
  • 2 weeks (with full wages).
  • Employer.

 

Employees State

Insurance Act, 1948

  • All factories, other than seasonal factories;
  • Others establishments notified by the central or state government, and with employee salary at Rs 15,000 or less.*
  • 12 weeks (with full wages).*
  • Mixed. (Employer contribution: 4.75% of wages; Employee contribution 1.75% of wages)

 

 

All India Services

(Leave) Rules,1955

  • Indian Administrative Service;
  • Indian Police Service;
  • The Indian Service of Engineers (Irrigation, Power, Buildings and Roads);
  • The Indian Forest Service;
  • The Indian Medical and Health Service.
  • Women: 24 weeks, if less than two surviving children (with full wages);
  • Includes adoptive mothers;
  • Child care leave up to 730 days, for 2 children, until they turn 18 years (with full pay);
  • Men: 15 days, if less than two surviving children (with full pay).
  • Employer (central government).

 

 

Central Civil Services


(Leave) Rules, 1972

  • Government servants appointed to the civil services and posts in connection with the affairs of the Union;
  • Railways servants, casual workers, industrial workers, etc. not covered.
  • Women: 180 days, if less than two surviving children (with full pay);
  • Adoptive mothers: 60 days, to be taken within one year, if less than 2 children.
  • Child care leave up to 730 days, for 2 children, until they turn 18 years (with full wages);
  • Men: 15 days, if less than two surviving children (with full pay).
  • Employer (central government).

The Factories Act, 1948

  • Workers employed in factories, as defined in the Act.
  • 12 weeks (with full wages).
  • Employer.

Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957

  • Women journalists employed in newspapers.
  • 3 months (with full wages).
  • Employer.


The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

  • Building workers employed by an establishment with 10 or more buildings workers in any building or other construction work.
  • State welfare boards to make maternity benefit payments to female beneficiaries.
  • Mixed. [Payment through a fund with contributions from the central government, beneficiaries, and other sources.]

Unorganised Workers’  Social

Security Act, 2008

  • Enterprises engaged in the sale of goods or services with less than 10 employees.
  • Directs the central government to formulate schemes for maternity benefits.
  • Central government.



International Comparison of  Maternity Leave

Country

Maternity Leave

Paternity Leave

Percentage of wages

Source of Funding

India

Act: 12 weeks

Bill: 26 weeks

No provision

Despite there being no legislation,15 days is allowed for male Govt Employee

100%

Employer

UK

52 weeks



14 consecutive


days

  • Women: 6 weeks paid at 90% of average weekly earnings; flat rate or 90% (whichever is less) for weeks 7-39; weeks 40-52 unpaid
  • Men: Flat rate benefit or 90% of average weekly earnings, whichever is less


Mixed (employers reimbursed up


to 92% by public funds)

South Africa

17 weeks

3 days

  • Women: 60%
  • Men: 100%
  • Women: Mixed (contributions from employer, employee, government)
  • Men: Employer Liability

Singapore

16 weeks

7 days

100% for first and second child


Mixed (8 weeks employer and 8


weeks public funds)


Brazil

17 weeks

5 days

100%

  • Women: Mixed (contributions from employer, employee, government)
  • Men: Employer Liability

China

14 weeks

No provision

100%


Employer contribution via


insurance scheme


France

16 weeks

11 days

100% up to a ceiling

Social insurance scheme

Australia

52 weeks

14 days

  • Women: 18 weeks at the federal minimum wage level
  • Men: Federal minimum wage

Public funds

Canada


17 weeks


(federal)


No provision

55% for 15 weeks up to a ceiling

Public Funds

USA


12 weeks


(federal)


No provision

Unpaid

No provision


Ref:http://www.prsindia.org/uploads/media/Maternity%20Benefit/
LB%20Maternity%20Benefit%20Bill%202016.pdf