GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 3884
ANSWERED ON: 19.03.2018

Maternity Benefit (Amendment) Act

RAJENDRA AGRAWAL
MALLIKARJUN KHARGE
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether majority of the women in the country are not able to avail maternity leave under the Maternity Benefits Act, 2017 due to their working in the unorganized sector and if so, the details thereof;
(b)whether the Government is considering any proposal to include women working in the unorganized sector to enable them to avail the benefits under the Act, and if so, the details thereof;
(c)whether the Government is anticipating decline in rate of labour force participation of female population due to discriminatory hiring practices by the employers in order to prevent maternity benefits available under the said Act; and
(d)if so, the details thereof along with the corrective steps taken/proposed to be taken by the Government in this regard?

ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): No, Madam. Maternity Benefit Act, 1961 is applicable to establishments employing 10 or more women irrespective of whether it is organised or unorganised sector.

(c) & (d): No, Madam. The Government is of the opinion that with enforcement of the Maternity Benefit (Amendment) Act, 2017, more and more women workers would be inclined to seek employment which will lead to increase in women labour participation rate. There are stringent provisions under the Maternity Benefit Act, 1961 for prevention of discriminatory practices against women work force.

Source: Lok Sabha