Kerala Minister Confirms Action on Maternity Benefit Violations in Private Sector

The Government of Kerala is committed to enforcing the Maternity Benefit (Amendment) Act, 2017, according to Minister for Women and Child Development Bindu Krishna. Replying to a submission by Muvattupuzha MLA Mathew Kuzhalnadan in the Assembly on Wednesday, the Minister stated that motherhood is a legal right of women and that newborns are entitled to maternal care.

Kuzhalnadan had raised concerns that many women employed in the private sector, including private educational institutions, are not receiving the full six months of paid maternity leave provided under the Act. He noted that women often hesitate to demand their rights for fear of losing their jobs. Even when leave is granted, it may not cover the entire 26-week period.

The Minister explained that the amended Act increased paid maternity leave from 12 weeks to 26 weeks for women in the private sector. The law applies to all establishments with 10 or more employees, or that have had 10 or more employees on any day in the preceding 12 months. A woman who has worked for at least 80 days in such an establishment is eligible for the benefit.

However, employees covered under the Employees' State Insurance Act (ESI Act) are not subject to the Maternity Benefit Act. The Employees' State Insurance Corporation is responsible for implementing the ESI Act. For the Maternity Benefit Act, assistant labour officers act as inspectors, and deputy labour commissioners serve as appellate authorities.

Ms. Krishna assured the Assembly that assistant labour officers have taken action on all complaints regarding non-compliance with the Maternity Benefit Act, as well as violations detected during inspections. She reiterated that the government will not tolerate any denial of women's right to motherhood.