Maternity Leave in the Indian Armed Forces

Maternity Leave Extension for Armed Forces: 

In a recent development, Defence Minister Rajnath Singh has given approval to extend maternity, child care, and adoption leave for women serving in the Armed Forces. The new rules ensure that women soldiers, regardless of rank, will be eligible for these leaves on par with their officer counterparts. However, only the top 25% of Agniveers selected through a merit-based process after completing a four-year tenure will benefit from this proposal.

As of now, women officers in the Armed Forces are entitled to 180 days of maternity leave, with provision for extension in exceptional cases. Additionally, they can avail 30 days of leave in case of a miscarriage or abortion, and 180 days in case of adopting a child below the age of one year. Permanent commission women officers can avail 360 days of child care leave, while short service commission women officers are eligible for 180 days of leave.

Challenges for Employers in India:

India faces challenges in employer commitments due to the Maternity Benefit Act of 1961, which places the entire cost of paying wages to women claiming maternity benefits on employers. This unique approach can lead to a decrease in female employment, especially in small and medium enterprises (SMEs). To address this issue, the government has introduced the Maternity Leave Incentive Scheme, 2018, aiming to assist employers in providing maternity benefits to female workers.

However, some SMEs may find it financially challenging to accommodate the required six to nine weeks of time off for their employees, impacting the company’s growth. There’s also a concern about potential misuse of the Act by women leaving their jobs immediately after the maternity benefit period, causing a significant resource waste for employers.

Promotions and Performance:

Despite efforts to become more gender-friendly, many firms still witness harassment of female workers who reveal their pregnancy. The Maternity Benefit Act prohibits discrimination against women on maternity leave, but companies often record maternity leave as average or no performance. This practice can hinder women’s chances of promotion, as companies typically base promotions on performance.

Hysterectomies in Beed:

An investigative report in 2019 revealed a concerning trend of hysterectomies among women sugar cutters in Beed. The high incidence was attributed to contractors discouraging time off for menstrual health, imposing fines on those taking days off. The Maternity (Amendment) Bill 2017 has introduced significant changes, including an extension of maternity leave to 26 weeks and adoption leave for women adopting children under three months.

The Act mandates informing women about their rights at the time of hiring and provides 180 days of leave for female civil servants for their first two born children. Pregnant women are entitled to full pay for at least 80 days in the 12 months before their expected due date, along with a bonus of Rs 3,500. The Act also allows nursing mothers to stay at home after the expiry of 26 weeks if their work nature permits. Additionally, it makes it mandatory for firms to have individual creches, with common firms setting up creches within a prescribed distance.

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