Suman Sharma, Advocate, High Court of Chhattisgarh
ABSTRACT
In India, wherein the gender imbalance in the workforce is a major challenge, parental leave is an essential policy concern. Although the Maternity Benefit (Amendment) Act of 2017 was crucial in improving maternity benefits for female workers, it says nothing about the financial difficulties that companies face when putting these provisions into practice. This silence acts as a barrier for young female workers looking to enter the job market and may reinforce employer prejudices favouring male employees over their female counterparts. Parental leave policies that exclude transgender people leave a major vacuum that impedes equitable access to benefits and perpetuates prejudice. For inclusive practices to be advocated in workplace policies, this gap must be closed. Women are disproportionately burdened with childcare responsibilities in the workplace due to the absence of paternity benefits for workers in the private sector. The fact that only government workers are eligible for paternity leave emphasizes how important it is to have universal paternity laws in order to fight gender stereotypes and workplace discrimination. This study examines how changes to the Maternity Benefit law have affected female labour force participation and gender disparities in the workforce. It investigates how well these initiatives are working to reduce gender inequality and foster greater participation of women and transgender people in the workforce. The study makes an argument that work-life balance, gender equality, and employee well-being can all be enhanced by parental leave laws. The paper ends with suggestions for lawmakers, employers, and civic society to advance effective and inclusive gender-neutral parental leave laws.
Keywords: Maternity Benefit, Gender Disparity, Paternity Leave, Transgender, Parental Law
