Comparing the Labour legislation Maternity Benefits Act, 1961 (India) VS. Family and Medical Leave Act of the USA

Introduction

Labour laws must include maternity and family leave policies to accommodate the requirements of workers during important life events and to advance gender equality at work. In order to guarantee employment safety and support for employees during maternity, paternity, and family-related conditions, two historic pieces of legislation—the Maternity Benefit Act of 1961 in India and the Family and Medical Leave Act (FMLA) in the USA— were passed. These actions highlight the value of work-life balance, gender parity, and family well-being by reflecting the varied social, economic, and cultural settings of their different countries.

The Maternity Benefits Act, 1961 (India)

An important piece of legislation that addresses the rights and benefits of female employees during pregnancy, childbirth, and the postpartum period is India’s Maternity Benefit Act of 1961. The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account.

The law requires qualified female employees to take a minimum of 26 weeks of maternity leave, with options for up to eight weeks of leave prior to the anticipated delivery date and up to 18 weeks of leave following childbirth. This legislation acknowledges the physiological requirements of expectant mothers, the significance of postpartum recovery, as well as the crucial role that mothers play in caring for their infants in the first few months of life.¹

¹ The Maternity Benefit Act,1961

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Importantly, the Maternity Benefit Act guarantees that mothers-to-be are eligible for compensation for the duration of their leave at a rate equal to their average daily pay. By providing a safety net for working women, this policy aims to lessen the financial hardships that frequently come with parenthood and childbirth. The measure also forbids firing women from their employment while they are on maternity leave, ensuring their job security and shielding them from pregnancy-related harassment.

Family and Medical Leave Act (FMLA) Of the USA

The Family and Medical Leave Act (FMLA) in the United States is a key step in emphasizing the value of family-related leave for workers. The FMLA, which was enacted in 1993, tackles the difficulties experienced by employees who require time off for personal or medical reasons, such as childbirth, adoption, serious illness, or caregiver duties.

For events that qualify, the FMLA allows qualified workers to take up to 12 weeks of unpaid absence in a year. These occurrences consist of the delivery and care of a new-born child, the adoption or foster care of a kid, the care of a parent, child, or spouse who has a significant health condition, and the employee’s own serious health condition. The FMLA does not require paid leave, in contrast to the Maternity Benefit Act of India. However, it ensures that workers who use the FMLA have the right to job protection and the continuance of health benefits, preventing any possible negative career effects from taking an extended vacation.²

Employers who are covered by the FMLA and normally have 50 or more employees must be eligible employees. It recognizes that offering job-protected leave can aid in employee retention, loyalty, and a more productive workforce while attempting to strike a balance between the needs of employees and the operational requirements of enterprises.

² Family and Medical Leave Act,1993

Comparison of Maternity Benefits Act, 1961 (India) vs. Family and Medical Leave Act (FMLA) Of the USA

• Historical Evolution of the Maternity Benefit Act of 1961 (India)

In India, efforts to overcome the difficulties experienced by working women during pregnancy and childbirth culminated in the Maternity Benefit Act of 1961. Its historical development can be followed via a number of phases:

Pre-Independence Movements: In India, social reform and labour movements for women first appeared in the early 20th century. Women’s rights activists promoted better working conditions and maternity leave policies for working women during the fight for independence. The foundation for further legislative measures was created by this.

Initiatives after Independence: Following India’s independence in 1947, there was a rising understanding of the necessity of defending women’s rights in the workplace. The Indian Constitution’s Directive Principles of State Policy underlined the significance of maintaining fair and decent working conditions, including advantages for mothers.

Maternity Benefit (Amendment) Act, 1957: The Maternity Benefit (Amendment) Act was passed by the Indian government in 1957, extending maternity leave from 12 to 16 weeks. This was an important step in recognizing the physical and emotional requirements of expectant and nursing moms.

Maternity Benefit Act of 1961: The Maternity Benefit Act of 1961 was passed to give women during pregnancy more thorough safeguards and benefits. It built on the 1957 amendment. The act established the idea of paid maternity leave and later modifications increased the length to 26 weeks. It also covered topics including job security and workplace discrimination against expectant workers.³

Historical Evolution of the Family and Medical Leave Act (FMLA) of the USA:-

In order to fill legal gaps and provide job-protected leave for family and medical reasons, the United States created the Family and Medical Leave Act (FMLA). The following can be used to summarize its historical development:

³ The Maternity Benefit Act,1961,available at:https://labour.gov.in/sites/default/files/the_maternity_benefit_act_1961_0.pdf (last visited on August, 24,

Rise of the Women’s Labour Movement: Women became more prevalent in the American workforce during the 20th century. The U.S. Department of Labour’s Women’s Bureau promoted legislation that would help working women, including maternity leave.

Pregnancy Discrimination Act of 1978: The Pregnancy Discrimination Act made it illegal to discriminate against people because they are pregnant by amending the Civil Rights Act of 1964. Although a step forward, the problem of job-protected leave for expectant workers was left unaddressed.

Initiatives at the state level: In the absence of federal law, certain US states started passing their own family and medical leave legislation. These state-level initiatives made clear the necessity of a comprehensive national policy.

Advocacy and Political Momentum: Advocates for women’s rights, labour unions, and other advocacy groups pushed for a federal family and medical leave policy during the 1980s and the early 1990s. Because of the importance of work-life balance, the idea received support from both political parties.

FMLA adoption in 1993: On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act into law. For special familial and medical reasons, such as childbirth, serious sickness, and caregiving, it offered eligible employees up to 12 weeks of unpaid, job- protected leave.⁴

Scope and Coverage of The Maternity Benefit Act of 1961 (India) vs. The Family and Medical Leave Act (FMLA) of the USA

The primary goal of India’s Maternity Benefit Act of 1961 is to provide maternity benefits to female employees working in specific enterprises. The following topics are covered under the act:

Eligible Employee: Women working in factories, mines, plantations, stores, and establishments with ten or more employees are covered by the act. No matter their employment position, including those who are permanent, temporary, or on probation, women are covered.

⁴ Family and Medical Leave Act, 1993 available at: www.dol.gov/agencies/whd/laws-and-regulations/laws/fmla (last visited on August, 24, 2023).

Benefits: The law guarantees paid maternity leave for up to 26 weeks, covering the time leading up to and following childbirth. It also specifies nursing pauses and forbids some forms of labour for women who are pregnant or nursing.

Job Protection: Women who use maternity leave are safeguarded from termination from their jobs by the act of working during that time.⁵

The Primary Goals of The Family and Medical Leave Act (USA): Covering a variety of family and medical grounds for leave, the Family and Medical Leave Act (FMLA) in the USA has a wider reach. The act addresses:

Employees who work for covered employers: generally those with 50 or more workers within a 75-mile radius—are eligible to use the FMLA. Employees who qualify must have been with the company for at least a year and have put in at least 1,250 hours in the previous 12 months.

Type of Benefit: Benefits include up to 12 weeks of unpaid, job-protected leave for qualifying circumstances, such as the delivery and care of a new-born child, placing a child in foster care or adoption, caring for a spouse, etc. the employee’s own serious health condition, the serious health condition of a child or parent, or both.

Job Protection: The FMLA guarantees job protection while on leave, but it does not require paid time off. It does, however, require that health coverage be maintained throughout the leave.

The Contrasting Eligibility Requirements Application for Maternity Benefit Act: It applies to women who work in particular professions and organizations. There is no set time limit for how long you must work before taking maternity leave eligibility isn’t based on how many hours you put in. Also, eligibility for FMLA applies to qualified staff members of covered employers with 50 or more workers within 75 miles, 12 months of employment with the company, with a minimum of 1,250 hours worked during that time. To qualify, you must have completed the required number of hours and days.

Comparisons and Differences between the Coverage: The FMLA extends coverage to a larger range of family and medical reasons, including parental care and personal health concerns, whereas the Maternity Benefit Act concentrates solely on maternity-related benefits for women

in selected industries. Both laws contain qualifying restrictions, but the FMLAs are stricter and⁵ Aminesh Nagvanshi, ”Maternity Benefit Act boon and bane for the nation”, Readers blog by The Times of Ind)

more comprehensive because of their wider application. Regardless of the number of hours worked, women employees in covered sectors are subject to the Maternity Benefit Act. Employment Protection: During the leave term, both legislation provide employment protection. The FMLA provides greater protection during different family and medical leave events, whereas the Maternity Benefit Act emphasizes protection against dismissal during maternity leave. Paid maternity leave is available under the Maternity Benefit Act, while the FMLA mandates the maintenance of health coverage but offers unpaid leave. In essence, the FMLA in the USA and the Maternity Benefit Act of India differ in their breadth, coverage, and precise eligibility requirements, reflecting the distinctive legal, cultural, and economic circumstances of the two nations.

The comparison between the leave duration and benefits of The Maternity Benefit Act of 1961 (India) vs. The Family and Medical Leave Act (FMLA) of the USA

During the leave period, shielding women from termination because of pregnancy. The act’s primary goals are to improve the health of expectant and nursing mothers and to guarantee their financial security during this time of maternity leaveWhen it comes to giving employees leave and benefits during major life events, the Maternity Benefit Act of India and the Family and Medical Leave Act (FMLA) of the USA have different scopes and coverage. The Maternity Benefit Act (India) focuses on maternity-related benefits for women who work in particular sectors. It applies to women working in factories, mines, plantations, stores, and other businesses with ten or more staff members. The law provides for paid leave during the prenatal and postpartum periods of up to 26 weeks of maternity leave.

It ensures job protection Family and Medical Leave Act (USA): The FMLA covers a wider range of family and medical leave-related circumstances. It is applicable to qualified workers who are employed nearby by companies with 50 or more personnel. For eligible events, such as the birth or adoption of a child, caring for a family member with a serious health condition, or attending to an employee’s own significant health condition, the act provides up to 12 weeks of unpaid, job-protected leave. The FMLA provides job protection and the continuation of health benefits during the leave time even though paid leave is not a requirement. ⁶

Genuhve Park,” The Family and Medical Leave Act: A Policy Analysis and Recommendations to Address Employed Caregiver Burden”,National Library of Medicine(Published online 2020 Dec 16).

Regarding requirements for eligibility: Maternity Benefit Act (India) There are no complicated requirements for qualifying; any woman working in the designated sectors is qualified, regardless of the length of her pregnancy. From the unique socioeconomic settings of the USA and India. In contrast to the FMLA, which addresses the need for extensive family and medical leave provisions in the American economy, the Maternity Benefit Act addressed the difficulties experienced by women in industries where maternity benefits were inadequate.

The comparison between Job Protection and Return-to-Work Rights of The Maternity Benefit Act of 1961 (India) vs. The Family and Medical Leave Act (FMLA) of the USA

The Family and Medical Leave Act (FMLA) in the USA and the Maternity Benefit Act of 1961 in India both place a strong emphasis on job protection and the rights of employees who return to work after taking a leave of absence. These elements are essential for making sure that workers may take time off without worrying about losing their jobs and that their return to work is seamless and encouraging. Indian Maternity Benefit Act of 1961 Job Protection and Return-to-Work Rights.

Job Protection: According to the Maternity Benefit Act, women cannot be fired from their jobs because they are taking maternity leave. This clause aims to protect women’s employment stability when they take time off for childbirth and recovery.

Return-to-Work Rights: Under the Act, following maternity leave, A woman has the right to return to the job she had before taking a leave of absence or to one with comparable status and compensation, period. This clause guarantees that taking maternity leave won’t prevent her from moving up the corporate ladder.

Reintegration Procedure: Although the Act does not specifically define a reintegration procedure, it is often the employer’s duty to make sure that the returning employee is reintegrated into the workplace smoothly. This could entail informing the employee of any modifications or advancements made while she was away and offering her any necessary training.⁷

⁷ neysa amber gomes desouza,” equality and maternity benefits for women in the labour force”,(ILI Law Review,Winter Issue 2020)

Employers may experience difficulties preserving employee continuity while adhering to the Act. It might be logistically difficult to find temporary replacements or redistribute the burden while an employee is away, especially for smaller companies. The legal rights of the employee must be respected while managing these difficulties. American Family and Medical Leave Act.

Job Protection: During their leave duration, eligible employees’ jobs are protected under the FMLA. When an employee returns after a leave of absence, employers covered by the FMLA are expected to keep them in their current position or offer an equal one.

Return-to-Work Rights: The FMLA guarantees that employees have the right to return to the same position they held before taking leave or to an equivalent post with the same pay, benefits, and terms of employment. This is similar to the Maternity Benefit Act.

Reintegration Procedure: The Act also makes no mention of a reintegration procedure, leaving it up to the employer’s decision. Communication beforehand may be necessary for an efficient reintegration process to go over any modifications, upgrades, or new projects prior to the worker’s return. Employers may find it difficult to maintain productivity and efficiency while making accommodations for an employee’s absence. Common challenges include finding temporary replacements, redistributing work, and making sure the returning employee is aware of any developments.⁸

In both situations, businesses must strike a balance between their operational requirements and their legal obligations to offer workers job protection and a painless reintegration process. These difficulties may be reduced with the use of efficient planning, effective communication, and perhaps flexible work arrangements.⁹

The comparison benefits and implementation of the Maternity and Family Leave Policy of The Maternity Benefit Act of 1961 (India) vs. The Family and Medical Leave Act (FMLA) of the USA

Consequences of Family and Maternity Leave Policies the benefits over the short- and long- terms. By providing enough time for postpartum recovery, maternity and family leave policies improve maternal health. Early parental involvement benefits children’s development,

⁸ 0 John W. Budd, Employment with a Human Face: Balancing Efficiency, Equity and Voice 1 (Cornell University Press, New York, 2004).

⁹ Reimara Walk and Vasanthi Srinivasan, “Work-family balance of Indian women software professionals: A qualitative study” 23 IIMB Management Review 39-46 (2011).

enhancing their cognitive and emotional results. Family leave policies help working parents feel less stressed, which improves the well-being of the entire family. Impact on Women’s Career Pathways and Labour Force Participation. Paid parental leave and maternity leave lower the financial barriers to taking time off, so encouraging women to stay in the workforce. By eliminating career pauses and skill depreciation, extended leave options can have a favourable impact on women’s career paths. Economic and Social Consequences Men and women sharing caregiving tasks challenges traditional gender stereotypes and promotes gender equality better work-life balance boosts employee morale and productivity, leading to better job satisfaction and retention.¹⁰

The comparison of Legal enforcement and Compliances of the Maternity and Family Leave Policy of The Maternity Benefit Act of 1961 (India) vs. The Family and Medical Leave Act (FMLA) of the USA

Legal Compliance and Enforcement in the Indian Maternity Benefit Act. Labour regulators keep an eye on compliance and make sure the rules of the act are followed. Employers who don’t offer maternity benefits risk fines and legal action. Important Difficulties The underutilization of benefits is one issue, as are awareness gaps between employees and employers. Due to insufficient oversight, informal sectors may suffer from enforcement. American Family and Medical Leave Act (FMLA) the U.S. Department of Labour monitors FMLA compliance and offers implementation suggestions. If there are infractions, employees can report them to the department, which could result in an investigation and penalties. Important Difficulties Distinguishing between misuse and lawful absence, particularly in circumstances of intermittent leave, is a challenge for enforcement. Smaller companies ¹¹may struggle to maintain personnel continuity during prolonged leave.¹²

Future Recommendations and Policy Suggestions

Indian Maternity Benefit Act. The Areas for Growth and Development: A wider range of industries and sectors may be included under the act’s coverage. More awareness programs are

¹⁰ Bob Hepple, Equality: The Legal Framework 24 (Bloomsbury Publishing, London, 2nd edn., 2014).

¹¹ Aparna Chandra, Mrinal Satish, et al., Securing Reproductive Justice in India: A Casebook 447 (Centre for Constitutional Law, Policy and Governance, National Law University, Delhi, 2019

¹² The Maternity Benefit Act, 1961 (Act 53 of 1961) as amended by The Maternity Benefit (Amendment) Act, 2017 (Act 6 of 2017), s. 5 (3).

needed to ensure that women are aware of their rights and advantages. Examine ways to improve parental and paternal leave regulations.

Policy Suggestions: Introduce paid paternity leave measures to promote sharing caring duties. Create systems for efficient implementation and enforcement, especially in the unregulated industry. Develop workplace policies that facilitate work-life balance in conjunction with companies.

American Family and Medical Leave Act (FMLA).Areas for Growth and Development: Expand FMLA coverage to smaller companies so that more workers can take advantage of job- protected leave. Consider making more family members eligible. To depict various family types. Investigate the possibility of offering paid time off in part to lessen financial obligations.

Policy Suggestions: Promote legislative measures that would extend FMLA coverage to companies with fewer than 50 employees. Adopt measures to address exploitation and abuse of intermittent leave while preserving the rights of those who have valid needs. Investigate the viability of integrating paid leave into the FMLA structure. Policymakers should work toward more inclusive and supportive leave policies that reflect changing societal needs and employment dynamics by incorporating lessons from the Maternity Benefit Act and FMLA. Both acts can be improved to better promote gender equality, work-life balance, and family well-being by taking into account worldwide best practices and interacting with stakeholders.¹³

¹³ World Health Organisation, “Infant and young child nutrition: Global Strategy on infant and young child feeding” (April 16, 2002)

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