Maternity Leave Part of Reproductive Rights

The Supreme Court setting aside a Madras High Court order has recently ruled that maternity leave is a component of a woman’s reproductive rights and is integral to maternity benefit

About The Case (K. Umadevi v. Government of Tamil Nadu)

• Petitioner: The petition was filed by a government school teacher in Tamil Nadu, who was denied maternity leave for her third child.
• State’s Objection: The maternity benefits were denied as per the Tamil Nadu’s service Fundamental Rule 101(a), which restricts maternity benefits to the first two surviving children.
• Madras High Court:
  • Single Bench Order: Maternity Leave was granted with the order holding the TN state service rule in conflict with the Maternity Benefit Act, 1961 and therefore void under Article 254 of the Constitution (central law will prevails over conflicting state laws).
  • Division Bench Order: It reversed the judgement ruling that maternity leave was a statutory right and central legislation does not apply to state government employees governed by their own service rules.
• The Supreme Court’s Order:
  • It reinstated the woman’s right to maternity leave, placing it within the ambit of reproductive rights 
  • The SC observed that Maternity leave is integral to reproductive rights of a women and are now recognised as part of international human rights law like right to health.

About The Maternity Leave Policy in India

• Maternity leave is a type of mandatory long-term paid leave granted to a pregnant employee in an organisation before or after their delivery.
• Constitutional Status: Maternity leave is related to Directive Principles of State Policy (DPSP) through Article 42 of the Indian Constitution, which directs the state to provide for just and humane conditions of work and for maternity relief
• Legal Provision: The Maternity Leave Policy in India is defined under the Maternity Benefit Act of 1961 (revised in 2017)
• Objective: To provide job security to female employees while they are taking care of themselves and their newborn children.
• Eligibility: The Maternity Leave Policy in India is applicable to all women working in private as well as public sector organisations.
  • It does not apply to self-employed women and those working with a firm that has less than 10 employees.
• Provisions:  
  • All pregnant female employees are entitled to a maternity leave of 26 weeks for their first and second child. 
    • Out of the total 26 weeks, 8 weeks of leave can be taken for pre delivery period. 
  • 3rd Child: For the third or subsequent pregnancy, expecting mothers are eligible to take maternity leave of 12 weeks.
  • Adoption: Maternity leave of 12-week are also allowed for adopting mothers which starts from the day their newborn (below 3 months of age)  is handed over to them.
  • Abortion/Miscarriage: In case of medical termination or accidental miscarriage, a woman employee can take 12 weeks of maternity leave.
  • Work-from-home Facility: Work from home for pregnant mothers should be encouraged if remote work is possible during pregnancy.
    • The facility can be extended post the end of maternity leave, subject to a mutual contract between the employee and the organisation.
  • Access to Crèche Facilities: Childcare facilities or crèches should be available near an organisation with 50 or more employees. New mothers are allowed to visit the childcare facility up to four times a day.
  • Job Security: Employers cannot terminate an employee during maternity leave, and they must be reinstated to the same or an equivalent position after leave.
• Need for Maternity Leaves:
  • Recovery: Pregnancy and childbirth can be physically and emotionally demanding, requiring time for the mother’s body to heal and recover. 
  • Childcare and Caregiving: New Mothers can fully focus on her child caring responsibilities necessary for developing mother-child bond and a strong emotional connection. 
  • Better Employee Retention: Providing adequate maternity leave can improve employee retention, increase job satisfaction, and positively impact overall employee health and well-being.
  • Job Security: Granting paid maternity leaves is important for keeping women active in the workforce. Women participation in workforce has traditionally seen a decline after childbirth.
  • Promotes Healthy Work-life Balance: It promotes a healthy balance between the personal and professional life of a female employee and allows them to perform their duties as professionals as well as caregivers/mothers in a happy and healthy way.

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