Motherhood should never be an obstacle to a woman’s professional aspirations, and the law recognizes that! The Maternity Benefit Act, 1961, was introduced to ensure women in the workforce receive paid leave, job protection, and essential maternity-related rights. Over the years, as employment landscapes evolved, the law underwent important revisions, leading to the pivotal 2017 amendment that expanded benefits for working mothers.
But here’s a question that remains on many minds: Do consultants, contractual workers, and gig employees have the same maternity benefits as permanent employees? Let’s break it down and see how the law is evolving to protect the rights of all women, regardless of their job status.
The Maternity Benefit Act, 1961: A Milestone for Women’s Rights
The Maternity Benefit Act, 1961 (MB Act) was a game-changer in protecting women’s health and well-being before and after childbirth. It guaranteed:
- Paid Maternity Leave: 12 weeks.
- Medical Bonus: Financial assistance to cover childbirth-related medical expenses.
- Job Security: Employers are prohibited from terminating employment during maternity leave.
- Nursing Breaks: Paid breaks for nursing mothers.
At the time, the Act primarily protected women in full-time employment. Consultants, contractual workers, and daily wage earners were left in the grey area, excluded from these rights.
The 2017 Amendment: Taking Women’s Rights a Step Further
The Maternity Benefit (Amendment) Act, 2017 marked a turning point in recognizing the evolving nature of work and the needs of working mothers:
- Extended Leave: Maternity leave went from 12 to 26 weeks for the first two children.
- Work-from-Home Option: After maternity leave, mothers can negotiate the option of working from home.
- Crèche Facility: Workplaces with 50+ employees must provide crèche facilities for working mothers.
- Adoptive and Surrogate Mothers: Women adopting a child below three months or opting for surrogacy are entitled to 12 weeks of maternity leave.
While these updates were groundbreaking, the law still didn’t address the question of maternity benefits for consultants, gig workers, or fixed-term employees.
Consultants and Maternity Rights: What Do the Courts Say?
The issue of maternity rights for consultants and gig workers has been a topic of much debate, and several court rulings have clarified the situation:
Municipal Corporation of Delhi vs. Female Workers (2000)
The Supreme Court affirmed that even daily wage workers are entitled to maternity benefits, grounding their right in the constitutional provisions of equality. The court specifically stated,
“the provisions of Maternity Benefit Act, 1961 entitles maternity leave even to women engaged on casual basis or on muster roll as a daily wage but not only for those in regular employment. It is further held that the provisions of the Act in this regard are wholly in consonance with the Directive Principles of the State Policy as contained in Articles 39, 42 and 43 of the Constitution of India”
Key takeaway: Maternity benefits are a fundamental right for all women, no matter the job type.
Dr. Shikha Jain Vs. State of U.P.
The case of Dr. Shikha Jain Vs. State of U.P., heard by the High Court of Allahabad, stands as an important judgment in reinforcing the rights of women in relation to maternity benefits. The court held that,
“The purpose of maternity leave does not change with the nature of employment. It is concerned with the human rights of women. The employers and courts are bound under the constitutional scheme, guaranteeing the right to life, including the right to live with dignity and to protect the health of both the mother and child to preserve these rights.”
Key takeaway: Motherhood is not an excuse for an employment but motherhood is a right which demands protection in given circumstances.
Dr. Kavita Yadav vs. Ministry of Health & Family Welfare (2023)
In a landmark judgment, the Supreme Court ruled that maternity benefits must be provided to contractual employees, even if their leave extends beyond their contract term. The Court stated,
“Thus, Continuation of maternity benefits is inbuilt in the statute itself, where the benefits would survive and continue despite the cessation of employment. In our opinion, what this legislation envisages is entitlement to maternity benefits, which accrues on fulfillment of the conditions specified in Section 5(2) thereof, and such benefits can travel beyond the term of employment also. It is not co-terminus with the employment tenure.”
Key takeaway: A woman’s right to maternity benefits cannot be denied just because she is engaged on a casual basis or on a muster roll on a daily wage basis.
So, What Does This Mean for Consultants and Gig Workers?
As per recent rulings, consultants, freelancers, and gig workers should also have access to maternity benefits, even if they are not explicitly mentioned in the Maternity Benefit Act. Here’s how this works:
- Consultants working for a single employer: If their role mirrors that of a permanent employee, they can claim maternity benefits.
- Freelancers and gig workers: Though they aren’t always covered by the Maternity Benefit Act, courts have extended maternity benefits based on principles of equality and dignity.
- Contractual employees: Even if their contract ends during maternity leave, courts have upheld their right to maternity benefits.
Challenges and What Needs to Change?
Despite the progressive rulings, many consultants and gig workers still struggle to access maternity benefits due to:
- Vague contract terms that don’t specify maternity leave.
- Lack of awareness about their legal rights.
- Absence of a unified social security system for non-traditional workers.
So, What’s Next?
- Stronger Legal Framework: The Maternity Benefit Act should be updated to specifically include consultants, freelancers, and gig workers.
- Employer Accountability: Companies hiring consultants should voluntarily include maternity benefits in their contracts.
- Social Security Measures: The government should consider introducing maternity insurance schemes for self-employed and gig workers to ensure broader protection.
Conclusion: Maternity Benefits Are a Right, Not a Privilege
Maternity benefits are not just a perk; they are an essential right. The Maternity Benefit Act, along with the 2017 amendment, has paved the way for working women to balance their professional and personal lives. But consultants, freelancers, and gig workers still face uncertainty when it comes to accessing these benefits.
With the judiciary taking a progressive stance, it’s time for policy reforms to catch up and explicitly safeguard the rights of all working women—whether they are full-time employees, consultants, or gig workers. After all, motherhood should never stand in the way of career growth!
YLCC would like to thank Pearl Narang for her contribution to this article.
