Maternity Benefit Laws In India And Abroad MATERNITY BENEFIT LAWS IN INDIA AND ABROAD Shriniwas Gupta* The

first Maternity Protection Conference was convened in 1919 by the International Labour Organisation wherein the matters relating to maternity leave, economic benefits during absence from work, leave for bringing up children and non-termination of service during pregnancy and immediately after delivery were most prominently discussed and resolved over. The resolution of this convention was amended in 1952. This amendment increased the maternity leave, economic benefits by hundred per cent of the last wages and added some more benefits to the mothers of new borns. Of course, motherhood is a natural phenomenon in the life of every woman and this phase needs special care and protection. This fact has also been recognised in Article 25(2$of the Universal Declaration of Human Rights, 1948, which reads "The motherhood and children are entitled to special care and assistance. All children whether born in, or out of, wedlock, shall 'enjoy the same social protection". The eighth item in the agenda of the sixtieth session of ILO held in 1975 was the equality of opportunity and treatment of women workers. Emphasis was laid on the need to make maternity protection more adequate, as regards: (a) extension of maternity protection to new categories of women workers (b) extension of the period of statutory or prescribed maternity leave (c) more liberal provision for extended or extra leave during the child's infancy (d) higher rates of maternity benefits (e) more effective protection against dismissal during pregnancy and after confinement (f) greater encouragement of breast feeding and wider provision of nursing breaks for mothers (g) more adequate attention to the safety and health of women during pregnancy and lactation and (h) establishment by social security schemes or public bodies of day nurseries to care for infants and children of working parents. In pursuance of these discussions, declarations and resolutions, Article 42 of our Constitution has been made to contain a directive that the State shall make provision for securing just and humane conditions of work and maternity benefits. Additionally in order to regulate the employment of women in certain establishments for certain periods before Lecturer, Dayanand College of Law, Kanpur; Life Member Central India Law Institute. Jabalpur.

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and after childbirth and to provide for maternity benefits and certain other benefitsthe Indian Parliament enacted the Maternity Benefits Act, 1961. According to Section 4 of this Act, no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, or miscarriage, nor shall any woman work during this period. Besides, no pregnant woman shall, on a request made by her in this behalf, be required by her employer t o do any work of arduous nature, or that which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus; or is likely to cause her miscarriage or otherwise to adversely affect her health, during the one month immediately preceding the six weeks before the date of her expected delivery. Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefits 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, says the provision under Section 5. However no woman shall be entitled to these benefits unless she has actually worked in an establishment of the employer from whom she claims them, for a period of not less than 160 days in the twelve months immediately preceding the date of her expected delivery. The maximum period for which any woman shall be entitled to maternity benefits shall be 12 weeks, i.e. six weeks up to and including day of her delivery and six weeks immediately following that day. In case a woman dies during this period, then the maternity benefit shall be payable only for the days up to, and including, the day of her death. Similarly, if a woman dies during her delivery, or during the period of six weeks immediately following the date of delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefits for the entire period of six weeks Immediately following the day of her delivery. But if the child also dies during the said period then for the days up to, and including, the day of the death of the child. In the event of a woman's death, the employer shall pay such benefls or amount to the person nominated.by the deceased in the notice given under Section 6 and if no notice has been given, then to her legal

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representatives. Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after delivery. The provision under Section 6(5)says that the amount of maternly benefits for a period preceding the date of her expected delivery shall be paid in advance by the employer. In is to be noted that miscarriage has also been given same importance. Section 9 provides that in case of miscarriage, a woman shall be entitled to leave with wages at the rate of maternly benefit for a period of six weeks immediately following the day of her miscarriage. Besides a woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall be entitled to an additional leave with wages at the rate of maternity benefit for a maximum period of one month under Section 10. Regarding nursing breaks Section 11 provides for two additional breaks of the prescribed duration for nursing the child until the child attains the age of 15 months. Moreover, deduction of wages in certain cases has atso been made unlawful. A woman cannot be discharged or dismissed by he^ employer when she absents herself from work in accordance with the provisions of this Act. The Philippines and Vietnam provide for cash benefits during maternity leave. In Latin American countries such benefits are given under the provisions of social security to employed women and some of them extend them to self-employed women as well. Bulgarian mothers may take extra leave of eight to twelve months at the minimum basic wage and additional unpaid leave, with protection of employment rights until the child is three years old. This provision has nothing to do with obligatory paid leave. In Sweden under the child Care Leave Act, 1978, as Amended in 1983, both male and female employees of a certain standing are entitled for child care leave. In Chile, West Germany and Austria mothers are provided with full pay for the entire period of maternity leave of 18, 14 and 20 weeks respectively. In France, Luxemberg, Austria and West Germany maternity leave may be extended to four more weeks in cases of premature deliveries or deliveries of more than one child or 'surgical ddiveries. In the socialist

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countries of Europe pregnant women in most cases are paid from 150 to 200 per cent of their average wages even before delivery so that they may ' take adequate care of themselves. In New Zealand, a mother is entitled to avail of maternity leave up to 26 weeks immediately after the birth of her baby. Although more than 30 African countries have enacted laws for the protection of working women during pregnancy, this facility is generally available only where they are socially insured. Under the Italian law, pregnant mothers are entitled to leave in the last two months of pregnancy and the first three months following the birth, for a total of five months for which they receive full salary, 80 per cent of which is paid by the State. That is not all. Once the baby is three months old, a working mother - father too in certain cases-can choose to stay out for another six months at 30 per cent salary, paid by the state. Altogether, mothers can stay off the job for a year aftel: their child's birth, with only the last three months without-salary. The Italian law also provides for nine months.off for a woman.with "risky pregnanciesuas certified by a doctor.