Women struggle to avail maternity leave

LOCKDOWN EFFECT

Women struggle to avail maternity leave

Aditi.R@timesgroup.com

Chennai: 14.12.2020

“I am almost six months pregnant and when I asked my employer to grant me maternity leave, he agreed. But then he continued giving me work,” said Rachna* an employee at a private firm in the city. “He said that since I’m working from home I could work easily. Now I spend at least 10 hours a day working, with no maternity leave and sometimes no day-offs too,” she said.

Over the last three months, the state department of labour and employment has received more than 65 complaints from women, working in private firms across Chennai, Kancheepuram, and four other districts, on denial by their employers. Many of the complaints are from those working at different levels in small or medium sized firms in IT, garment manufacturing and a few other sectors. Ever since they started working from home, maternity leaves were either getting cancelled or shortened. The firms adopt different tactics to make them work, including an excuse about shortage of staff, lack of funds to pay salary and sometimes a subtle warning that they may not be able to rejoin.

“I was about to go on my sixmonth maternity two months after the lockdown was imposed. But my employer said that I’ll have to forego my salary for those months since they were already running in losses. I had no choice but to work. I am due any time now,” said another lady who works in a private firm in the city. “My husband lost his job and I’m the sole breadwinner of the family. It’s difficult to manage both my pregnancy and the job at the same time,” she said.

A senior official from the department said that on inquiring, most firms denied cancelling the leaves while the others agreed to ensure that it is provided without fail. “We have been inquiring and taking action accordingly,” said. The official said that they will also be conducting surprise checks and interacting with employers of firms, its human resources department, and its employees. “Our officials have made a list of firms we will start off with, where we suspect such practices. We fear there might be more such cases. The pandemic serves no ground for employers to deprive them of maternity benefits,” he said.

The Maternity Benefit (Amendment) Act of 2017 mandates paid maternity leave of 26 weeks for women employees unless they have two or more surviving children. It also provides paid leave for 12 weeks to mothers who have adopted or used a surrogate to bear a child for the first time. The TN state government in November 2016, had increased maternity leave for women from six to nine months. Any violation of the Act can amount to at least three months imprisonment.

“The law does not say that the maternity leaves and benefits are not applicable if the women are working from home. There is no exemption,” said P Selvi, advocate, Madras High Court. She said that many women may find it risky to complain fearing losing their jobs, but they are entitled to claim and also approach higher authorities when required.

The law does not say that the maternity leaves and benefits are not applicable if the women are working from home. There is no exemption