The Punjab and Haryana High Court has set a month’s deadline for Haryana to take necessary action on the issue of granting maternity leave benefit and six months’ salary to guest faculty working on contractual basis in polytechnic institutions. The direction by Justice HS Madaan came on a petition
filed by Deepika and 14 other petitioners against Haryana and 13 other respondents. Justice Madaan asserted that the court found it proper and
appropriate to allow an opportunity to the state to consider the prayer in accordance with rules, regulations and settled law on the subject before taking necessary action. Justice Madaan stated that the order was being passed after taking into consideration facts and circumstances and to avoid unnecessary litigation. “Accordingly, the present writ petition is disposed of by directing the state and another respondent to consider the petitioners’ request and take necessary action within one month from the date of receiving the order’s certified copy,” Justice Madaan added. Before parting with the case, Justice Madaan noted that it would be open to the petitioners to seek legal remedy, including approaching the court again in accordance with the law, if they felt aggrieved after disposal of their claim as the petition was not being decided on merit. The petitioners, working as guest faculty on contractual basis in polytechnic institutions in the state, had approached the court for directions to the respondents to grant the benefit of maternity leave with salary for six months.

Background

• The Maternity Benefit Act, 1961 applies to establishments employing 10 or more persons in Factories, Mines, Plantation, Shops & Establishments and other entities.
• The main purpose of this Act is to regulate the employment of women in certain establishments for certain period before and after childbirth and to provide maternity benefit and certain other benefits.
• The Act was amended through the Maternity Benefit (Amendment) Act, 2017 which, inter alia, has increased the paid maternity leave to women employees from 12 weeks to 26 weeks.
• While the implementation of the provision is good in Public Sector, there are reports that it is poor in Private Sector and in contract jobs.
• There is also a wide perception that private entities are not encouraging the hiring of women employees because if they are employed, they may have to provide maternity benefit to them, particularly 26 weeks of paid holiday.
• Therefore,  the extended maternity leave has become a deterrent for female employees who are asked to quit or retrenched on flimsy grounds before they go on maternity leave.

Proposed Solution

• The Ministry of Labour & Employment is working on an incentive scheme wherein 7 weeks’ wages would be reimbursed to employers who employ women workers with wage ceiling upto Rs. 15000/- and provide the maternity benefit of 26 weeks paid leave, subject to certain conditions.

Impact

• The proposed Scheme, if  approved and implemented shall ensure the women in this country an equal access to employment and other approved benefits along with adequate safety and secure environment.
• The workplaces will be more and more responsive to the family needs of the working women.