Evaluation of the implementation of Maternity Benefit (Amendment) Act, among working mothers of Mysuru: A cross-sectional study

Materials & Methods

This cross-sectional study was undertaken by the School of Public Health, JSS Medical College, JSS Academy of Higher Education & Research, Mysuru, Karnataka, India from May 1, 2022 to November 1, 2022 after obtaining the ethical clearance from the Institutional Ethics Committee.

Results

The sociodemographic characteristics of participating mothers (n=300) are depicted in table I.

Table II shows the utilization and implementation of the Act by the end users. Differences in implementation by sector were observed: 92.4 per cent (122/132) of government employees availed maternity leave compared to 75.6 per cent (127/168) of private employees. The reasons for not availing of maternity leave among the respondents were varied. While 13 respondents (24.9%) reported that their employer denied maternity leave, 22 respondents (42.18%) cited lack of family support as a reason. Furthermore, nine respondents (17.3%) had not availed of maternity leave due to high-risk pregnancy, and 8 respondents (15.38%) attributed it to a lack of awareness regarding maternity leave policies. Awareness was higher among government employees (94.7%, n=125/132) than private employees (84.5%, n=142/168). 

Awareness of the Act, 1961 among participants is depicted in table III. The majority of the working mothers were aware of the Maternity Benefit Act and its recent amendment. We can also noted that participants lacked awareness about paid leave granted to an adoptive or commissioning mother and have poor awareness about the medical bonus granted to them. Very few mothers were aware of the legal provisions of the Act. Overall, 52 mothers did not avail of maternity leave. Reasons for not availing of maternity leave included denial by the employer (n=13, 24.9%), lack of family support (22, 42.2%), high-risk pregnancy (n=9, 17.3%), and lack of awareness (8, 15.4%). Satisfaction of the beneficiaries was perceived as excellent, very good, and fair in 54 (18%), 198 (66%), 45 (15%), and 3 (1%), respectively. We received a few suggestions to improve the Act, most women requested an extension of maternity leave from six months to nine months, and their reasons were quite logical. One mother mentioned,

“The doctor suggested exclusive breastfeeding for six months, and I had already taken two weeks of leave before delivery. So, I started weaning at the fifth month to allow the baby to adjust to the routine at least 15 days before I returned to work” (a mother,….)

Maternity leave was extended considering the duration of exclusive breastfeeding, but both the mother and the baby require a transitional period during this phase. Suddenly stopping breastfeeding and returning to work is not feasible. Although a day-care facility may appear to be a solution, only 12 per cent of the participants had access to one. Even for those with access, they were only allowed four visits to the day-care facility. This raises the question, “Are just four visits enough for an infant who was exclusively breastfed until recently?” These concerns are from an employee’s perspective, but analysing the employer’s viewpoint is necessary to understand the economic feasibility of meeting these demands.

Most women also suggested increasing awareness about the Maternity Benefit Act. Some suggested conducting inspections to ensure proper implementation, while others emphasized the need to focus on increasing the availability of day-care facilities.

Discussion

The findings of this study shed light on the challenges faced by working women revealing that though the majority of women receive paid maternity leave the provision for medical bonuses and other provisions like crèche facilities are lacking. Low crèche availability may stem from high setup costs, lack of enforcement, or exclusion of informal sectors, as smaller firms often lack resources to comply. Similar study showed that approximately 73 per cent of women received paid maternity leave. However, the provision of medical bonuses to expectant mothers by employers was found to be unsatisfactory, reaching less than seven per cent of eligible women⁹. This study shows that the majority of women were aware of the Act and its amendment, but another study⁸ conducted in the Information Technology and Information Technology Enabled Services sectors showed that while 75 per cent of employers were aware of the Maternity Benefit Act, only 58 per cent knew about the relevant amendment⁸. This might be due to the geographical differences and the difference in the years the study was conducted the previously reported study⁸ in 2019 was just two years after the amendment, while our study was conducted recently. Maybe the awareness about the amendment has improved over time. Current study showed that 87.7 per cent of participants lacked creche facilities while this study which was done only in Information Technology and Information Technology Enabled Services showed 75 per cent of employers lacked crèche facilities, and 25 per cent were unaware of this new requirement in appointment letters⁸. The study in Himachal Pradesh revealed that 97.3 per cent of participants believed workplaces should be more accommodating to working moms, with 85.7 per cent desiring guaranteed public crèche spots when both parents work, and 83.9 per cent agreed that returning working women should receive the same position/job¹⁰. Furthermore, the survey among working women in Bhubaneswar, Odisha, found that only 28.1 per cent were fully aware of the Maternity Benefit Act, and 43.9 per cent received some benefits, while 36.1 per cent received none. The participants also expressed concerns about firms manipulating regulations and employer compliance¹¹. Another study in Himachal Pradesh examined awareness and satisfaction with the Maternity Benefit Act. 97 per cent of women took maternity leave, but around 56 per cent believed that the firms manipulated regulations. Nearly 48 per cent reported employer compliance with the Act. Improved awareness and adherence are essential to support working women during maternity. While in current study majority of participants were satisfied with the Act though implementation is lacking in a few areas which need to be addressed¹². Lastly, an analysis of laws and schemes for women during maternity showed that only 16 per cent acknowledged that every organisation offers maternity benefits and a mere 10 per cent agreed that employees are paid fairly and without prejudice during maternity leave¹³. These findings underscore the pressing need for increased awareness and compliance with the Maternity Benefit Act to create a more supportive environment for working mothers and promote gender equality in the workforce.

This study has several limitations. Purposive sampling may limit representativeness, as it may not capture the experiences of women in informal sectors or rural areas of Mysuru. This study has only considered women eligible for maternity leave. According to a national labour survey, ⁓32.3 per cent of salaried women in India are eligible for maternity benefits. This number drops to just 6.5 per cent when all working women are considered, and further declines to 4.7 per cent among working mothers with infants under one year old. Our study focuses exclusively on women who are eligible for maternity leave under the Maternity Benefit Act, as the Act applies only to this group. However, this focus also presents a limitation, as it excludes a large portion of the female workforce who are not covered by the Act, thereby restricting the applicability of our findings to the broader population of working women. Recall bias is a concern, particularly for participants who gave birth in 2017–2018, as memory of events may fade over a 5-year span. To mitigate this, interviewers used structured prompts and verified key details (e.g., leave duration) with employment records where available. Social desirability bias may have influenced responses, as participants may have overstated satisfaction or compliance to align with perceived expectations. The sample had a slight skew toward private sector employees (56%), which may over represent their experiences. Non-verbal cues were missed in telephonic interviews (40% of data), potentially affecting response interpretation. Generalizability is limited due to the study’s focus on Mysuru, an urban area with relatively high literacy rates.

To enhance the impact of the Maternity Benefit Act, policymakers should adopt a comprehensive approach combining incentives, enforcement, and awareness. Financial support measures such as crèche subsidies or tax breaks can encourage compliance, particularly among small firms that may face resource constraints. Strengthening the capacity of labour inspectorates through increased staffing and regular audits would ensure more effective enforcement. Given the low awareness of adoptive mother benefits, targeted education campaigns are essential to inform both employers and employees of their rights. Mandating annual orientation programs for employers can help reinforce knowledge of the Act’s provisions, especially those related to adoptive and commissioning mothers and medical bonuses. Establishing a centralized national online portal for anonymous reporting of non-compliance, directly linked to labour inspectorates, may create a more accountable system. Finally, supporting crèche infrastructure through public-private partnerships or government subsidies can help establishments with 50 or more employees fulfil their obligations under the Act.