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The American TV satirist used his late night comedy show to expose the chinks in America’s social welfare system, especially laws concerning working mothers. The mothers in the US, Oliver fumed, share their plight only with mothers in Papua New Guinea, the only geography without any legally bound paid maternity leave.
What about India?The government mandates 12 weeks, paid maternity leave. But rights and labour researchers say even this minimum is not followed properly by many organisations. The changes in labour rules and the increasing ‘contractualisation’ of work are making it tougher for working women to claim maternity benefits.
So, the law’s freelyflouted?Yes. The Maternity Benefits Act, 1961, says all workers must get paid leave, but the increasing number of lawsuits against Indian companies on violations of the Act paints a bleak picture.
Every factory, shop, mine or plantation employing more than 10 people should follow the Act. The employee should have worked there for 80 days in the 12 months preceding the date of delivery.
Even if she is on contract?Yes. The case in point: Municipal Corporations of Delhi vs. Female Workers, 2000.
What’s it about?In 2000, the court held that the provisions of the Act entitled maternity leave to women engaged on a casual basis or on a muster roll basis on daily wages, just like those in the regular rolls.
But not many know this?Indeed. Most women in contract jobs are denied maternity benefits under a myriad pretexts. Only a comprehensive reform of maternity laws can help working mothers in India today.
What’s the global trend?The ILO’s Social protection for maternity: Key policy trends and statistics report shows that only 36 per cent of employed women are legally entitled to cash benefits during maternity leave.
In practice, maternity leave legislation is not implemented effectively, so only 28 per cent are covered. Another ILO study, Social protection for children: Key policy trends and statistics shows that while there has been an explosion of small cash transfer schemes in recent years, there is also a significant gap in the availability of adequate child and family benefits.
And budget cuts must be making this worse!The ILO says in some countries the levels of maternity and child protection benefits have taken a plunge thanks to the so-called fiscal consolidation policies. Child poverty went up in 18 EU countries during 2008-2013, which witnessed drastic cuts in social spending.
Why are benefits for working mothers such a big deal?UN estimates show that nearly 800 mothers die every day during childbirth; most of them can be saved if there are adequate social security policies. And that doesn’t cost a bomb. The ILO report scanned a sample of 57 low- and lower middle-income countries and found that introducing a basic universal maternity cash benefit would require, on average, 0.41 per cent of national GDP. At the same time, having universal child benefits would, on average, require 1.9 per cent of national GDP.
So it’s all gloom?There are some sparks. A few days ago, Accenture India extended its maternity leave benefits to five months of paid leave, making the IT services and consulting giant one of the first of its ilk and one of the select few organisations in India offering such options to its staff. One hopes more companies follow suit.
A weekly column that helps you ask the right questions
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