Understanding The Provision Of Maternity Leave In Case Of Contractual Employees

Jahnvee Gautam, B.A.LL.B.(Hons.), Dr. B.R. Ambedkar National Law University, Sonipat

ABSTRACT

The Maternity Benefit Act of 1961 is a crucial legislation ensuring women's employment protection during maternity, promoting gender equality, and providing financial assistance. The Act has been amended in 2017 to extend paid maternity leave to 26 weeks, aligning with international standards. Judicial precedents have emphasized equal maternity benefits for all female employees, regardless of their employment status. The Act upholds the principle of equality and prohibits discrimination based on employment type. The Act's goal is to ensure dignified maternity benefits for all women, reflecting the constitutional right to equality and social welfare. The Act's provisions have been interpreted by courts to protect the rights of all female employees, emphasizing the importance of inclusive and gender-neutral legislation. Maternity leave is meant to establish equitable opportunities for women, as pregnancy and children both demand special attention. The current legislation for labour laws especially the discussed act needs to be re- examined and reanalysed to bring about the shift in the perspective and the liberalisation of employees. This creates the importance of safeguarding the rights of employees on contractual basis. Women migrant labourers are the major portion who work on contract terms; therefore, they need entitlement to social protection under the maternity act.