Although Indian women are legally entitled to maternity leave, numerous issues surround it. The Maternity Benefit (Amendment) Act of 2017 is an amended version of the 1961 Act that protects a woman’s employment by granting her paid leave, including a full absence from work during her maternity leave to care for her child.
The Act applies to “every establishment being a factory, mine or plantation,” including government establishments or any others belonging to various sectors, such as “industrial, commercial, agricultural or otherwise.”
The Act also states, “Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.”
However, due to a lack of awareness regarding these laws, many women are unable to avail themselves of them, or in certain cases, the company may make the process difficult. Amidst all this, one question arises about whether unmarried women are covered under the maternity benefit law.
Can Unmarried Women Take Maternity Leave?
In short, yes, unmarried women can take maternity leave under the Government of India’s labour laws. The Maternity Benefit Act covers all women, whether they are married, unmarried, surrogate, or adoptive mothers.
The 2017 amendment to the Act increased the period of maternity leave from 12 weeks to 26 weeks and included other revisions as well. One such revision pertains to adoptive mothers, stating that “a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.”
Therefore, as long as a company has more than 10 employees and the woman has worked for a minimum of 240 days (which is the eligibility criteria to avail maternity leave), any woman, regardless of her marital status, is allowed to take maternity leave from her workplace.
Read More: Supreme Court Expands Family Concept To Include Unmarried Or Queer Couples
Problems With Maternity Leave In India
While the government has provided provisions to women for maternity leave, the reality is often very different and difficult. Many female employees are not fully aware of these rights, and some workplaces may not implement them properly due to a lack of clarity or resources.
There is also a rising concern about the ‘maternity penalty’ being experienced in the current Indian workplace, where women can face economic and professional complications simply because they have become mothers. Research has consistently shown that working mothers face discrimination, with employers being hesitant not just to hire but also to promote women due to prejudices related to maternity leave and concerns about the disruption and costs it could impose on the company.
Shilpa Khanna, associate partner and DEI practice leader, India, Aon, was quoted by the Economic Times, saying, “The maternity penalty is real. Working mothers in India Inc confirm facing a penalty on career growth when they return from maternity leave, whether it be in performance ratings, promotions, or pay. The compounding impact across multiple dimensions creates a formidable barrier to career progression, further perpetuating the leaky pipeline.”
Image Credits: Google Images
Sources: News18, The Economic Times, Vikaspedia
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