Gender equity: Lessons from global maternity benefit policies

Joya Saikia

(The writer can be reached at joyasaikia1990@gmail.com.)

In a recent landmark ruling, the Supreme Court reaffirmed the constitutional entitlement of women employees to a two-year childcare leave, supplementing the existing mandatory 180-day maternity leave. This significant legal development signals a progressive shift towards broader protection for women in the workforce. Yet, despite this positive stride, hurdles persist in enforcing these rights effectively and overcoming the shortcomings of the current legal structure.

India’s Maternity Benefit Act of 1961, often referred to as ‘Act 1961,’ stands as a pivotal law aimed at safeguarding the welfare of women during the pivotal phases of childbirth and childcare. This legislation governs the employment conditions of women in specific establishments, guaranteeing them paid leave and other essential benefits for both pre- and post-natal periods. Recognised as a dynamic legal framework, Act 1961 necessitates continuous evaluation and enhancement. Regular data collection and its informed utilization are imperative for shaping evidence-based policies and ensuring the Act’s relevance and efficacy in meeting evolving societal needs.

Drawing insights from the UK system, it’s crucial to meticulously weigh the financial ramifications of enhancing maternity benefits. Extending paid leave duration and improving pay replacement rates could inevitably escalate expenses for employers. To foster employer engagement, exploring viable financial incentives or governmental aid like subsidies or tax relief may be imperative. Undertaking thorough cost-benefit assessments, which factor in the enduring advantages of a diversified workforce and diminished gender pay differentials, can fortify the rationale for policy reforms.

Despite India’s provision of a longer paid leave duration compared to the UK, there are valuable lessons to be gleaned from the British system for potential enhancements. India could contemplate trialling a scheme with an extended overall leave duration while affording greater flexibility in how women utilize both paid and unpaid segments. Such an approach would empower women to customize their leave to suit their unique circumstances. Furthermore, India might investigate methods to ensure a larger proportion of average earnings are encompassed within maternity pay schemes. Broadening eligibility criteria to encompass a wider spectrum of workers, especially those within the informal sector, stands out as another promising avenue for refinement.

Examining how maternity leave and pay are utilised holds paramount importance in assessing the efficacy of the UK’s system. Although a substantial number of women opt for the full 52-week leave, there exists a disparity in the utilization of paid versus unpaid periods. Financial constraints often prompt many women to return to work sooner than they would prefer. Despite the majority of women rejoining the workforce post-maternity leave, some encounter hurdles in securing comparable roles or experience setbacks in career progression due to prolonged absences. The enduring issue of the gender pay gap in the UK underscores the importance of scrutinising how leave patterns and reintegration experiences contribute to this gap. India stands to gain from adopting a data-centric approach to its maternity benefits framework. Establishing robust data collection mechanisms to track leave utilization, monitor employer adherence, and identify challenges encountered by returning women can serve as a blueprint for shaping future policies. Regular cross-country comparisons, particularly with nations like the UK, can offer invaluable insights into areas necessitating improvement. Leveraging data analytics to pinpoint the distinct obstacles faced by various segments of women, including those in rural locales or informal sectors, can guide tailored policy interventions aimed at addressing their specific needs.

India stands to gain valuable insights from the United Kingdom’s journey with maternity benefits. Embracing a data-driven methodology allows India to meticulously collect and analyse extensive data concerning the efficacy of diverse maternity benefit policies. This encompasses evaluating the influence of varying leave durations, compensation rates, and supportive measures on the health, financial security, and engagement of women in the workforce. Through a data-centric approach, policymakers are empowered to craft well-informed strategies customized to the unique requirements of Indian women and the nation’s economic landscape.

Another vital consideration is the exploration of flexible leave alternatives. In the UK, a range of parental leave models, such as shared parental leave, provide the opportunity for both parents to divide their leave period. This adaptability not only aids women but also advocates for shared parenting responsibilities, thus cultivating a more even distribution of household tasks and encouraging paternal engagement from the outset of a child’s life. India stands to gain from embracing such flexibility, empowering families to select arrangements that align with their specific situations, and advancing a fairer distribution of caregiving responsibilities.

It’s crucial to tackle cost-related worries by considering potential government assistance mechanisms to sustain maternity benefits. In the UK, maternity benefits are sustained through a blend of employer contributions and government aid, thus preventing businesses from bearing the entire financial load. India could investigate comparable approaches, such as offering tax advantages to firms offering improved maternity benefits or providing direct subsidies to smaller enterprises. This strategy could ease the financial pressure on employers, particularly small and medium-sized businesses, making it more viable for them to provide extensive maternity benefits.

Encouraging cross-border knowledge exchange presents a promising avenue for India to glean insights from global successes and sidestep potential pitfalls. Active involvement in international dialogues, research exchanges, and joint initiatives can furnish India with fresh perspectives on optimizing maternity benefits. Nations such as Sweden, Norway, and Germany, renowned for their comprehensive maternity and parental leave frameworks, offer instructive models for striking a harmonious balance between economic imperatives and societal well-being. Through collaborative learning, India stands to unravel the cultural and societal transformations necessary to embrace more progressive maternity policies.

Embracing a collaborative approach that blends global inspiration with local nuances holds the key to reshaping perceptions of work and motherhood in India. This forward-looking strategy envisions a future where women seamlessly navigate their professional and personal roles, finding harmony rather than conflict. By constructing a sturdy and adaptable framework that champions gender parity, India stands to unlock women’s full potential across all spheres of life. This inclusive system not only recognizes women’s multifaceted contributions but also propels societal advancement. Through strategic policymaking informed by a blend of domestic insights and international perspectives, India can chart a transformative path towards gender equity and economic prosperity.