Welcome legislation for women

The Maternity Benefit (Amendment) Bill passed in Rajya Sabha on Thursday, to compulsorily increase paid maternity leave to pregnant women from 12 weeks to 26, is a step in the positive direction, provided the intent is not thwarted in implementation.

The bill applies to a woman’s first two children, which means the idea is tied to a small-family norm. That’s not right in principle, for a mother is required to personally nourish the baby even if she gives many births. In practice, however, working women generally have fewer babies. Therefore, maternity benefits shouldn’t end after the second child. The Lok Sabha could look into this when the bill comes before it.

The larger issue arises from the problem of the best becoming the enemy of the good. Because all establishments employing more than 10 employees must give women over six months of paid maternity leave under the proposal, there is a risk that employers may avoid employing women. Therefore, checking gender discrimination at the point of employment has to be more effective.

The point, however, is a practical one — an employer’s capacity to pay. Maybe, the law should apply to somewhat larger and financially stronger organisations. Two, after three months, a woman may be given the option of part-time work for part pay — with full pay being restored after 26 weeks and full-time attendance — to stop employers from giving up on hiring females. With nuclear families becoming common, men must also get leave for a time when their wives have babies, so as to be able to assist with child-rearing.