The government is committed to implementing the provisions of the Maternity Benefit (Amendment) Act, 2017, since motherhood is a woman’s legal right and a newborn too is entitled to care by the mother, Minister for Women and Child Development Bindu Krishna has said.

She was replying to a submission by Mathew Kuzhalnadan, Muvattupuzha MLA, in the Assembly on Wednesday on steps to ensure that women got six months of maternity leave under the welfare legislation.

The MLA pointed out that many women employed in the private sector, including in private educational institutions, were not getting the benefit, especially as they could not demand it from their employers for fear of being sacked. Even if they did get it, they might not get the whole six months of paid leave.

Ms. Krishna said the amended Act increased the paid maternity leave for women employed in the private sector from 12 weeks to 26 weeks. The Act is applicable to all private institutions or establishments that have 10 or more employees or had 10 or more employees on any one day in the past 12 months. A woman who has worked in an establishment for at least 80 days is entitled to the benefit.

ESI Act

Employees of establishments that come under theEmployees’ State Insurance Act (ESI Act) do not come under the purview of the Maternity Benefit (Amendment) Act. The Employees State Insurance Corporation is responsible for implementing the ESI Act. The department’s assistant labour officers are posted as inspectors as per the Maternity Benefit (Amendment) Act and deputy labour commissioners as appeal authorities.

Assistant labour officers had taken action on all complaints related to failure to receive benefits under the Maternity Benefit Act as well as violations found during inspections, the Minister said, underscoring that the government would not accept any approach denying women the right to motherhood.