Advocating for bringing uniformity to maternity benefit provisions

Maternity benefit is a well-recognised statutory right of employed women across the world, including in Bangladesh. A recent survey of the International Labor Organization (ILO) shows that almost 185 countries have adopted statutory provisions for maternity leave in their legislation. However, the ILO further observes that variations among the countries in maintaining the ILO standards; more specifically, provisions for maternity benefit vary in several countries depending on the category of female workers. 

Three major international organizations International Labour Organization (ILO), World Health Organization (WHO), and the United Nations Children's Fund (UNICEF), have expressed minimum standards for maternity benefit for the betterment of both mother and the child. The ILO Maternity Protection Convention, 2000 (No. 183) stipulates that maternity leave should not be less than fourteen weeks. Moreover, the ILO, in its Recommendation No. 191, further advocates increasing maternity leave to at least eighteen weeks, considering the mother's recovery period. The WHO also took the same proposition in alignment with the ILO, whereas the UNICEF emphasizes ensuring at least eighteen weeks of paid maternity leave and recommends at least six months of paid maternity leave, considering the necessity of promoting and supporting exclusive breastfeeding.

Bangladesh modified its maternity benefit provisions by enacting the Bangladesh Labour Act, 2006, repealing three different Acts, i.e., the Maternity Benefit Act, 1939; the Mines Maternity Benefit Act, 1941; and the Maternity Benefit (Tea Estate) Act, 1950. This law establishes maternity benefit for every woman employed in any establishment, which can be availed in two phases, eight weeks preceding the expected delivery date and eight weeks (total of sixteen weeks) immediately following her delivery date. However, this law stipulates two conditions for availing of maternity benefit; firstly, the prospective mother must complete six months of employment immediately preceding the day of delivery with the present employer to whom she is claiming maternity benefit. Secondly, she must not have two or more surviving children at the delivery time. Apart from this legislation, the government amended Rule 197(1) of Part-I of the Bangladesh Service Rules in 2010, raising the length of minimum maternity leave to at least six months for all permanent government servants. Similarly, the range of minimum maternity leave was also increased to six months by the notification of the Ministry of Finance in 2011, subsequently circulated by the Central Bank of Bangladesh, applicable for all female employees working in any scheduled banks in Bangladesh. 

It is evident that different discriminatory provisions are established in Bangladesh depending on the category or sector of the workplace. Moreover, it is pertinent to mention here that the Bangladesh Labour Act, 2006 provides further discriminatory provisions stating that this law will not be applicable for women who are working at the management or administrative level, impliedly indicating that they will be eligible for better provisions and can avail themselves of more opportunities/benefits beyond the requirements specified in this Act. However, the good thing about this legislation is that it prohibits unlawful dismissal within six months before the expected delivery date and eight weeks after childbirth. If any employer does so, the concerned female employee will still be entitled to maternity benefit. 

Regulating different sectors of the workplace by different laws and providing various provisions and procedures creates a messy situation in this arena; hence female employees always get disoriented about their rights and procedures for obtaining maternity benefit. Due to lack of uniformity, they mainly suffer from two main difficulties; first of all, many of them are unaware about their rights and usually get confused about their length of leave or whether they can avail of paid leave. Secondly, many employers tend to deprive female workers by taking advantage of their lack of knowledge of those female employees. More specifically, a significant portion of them work in the Ready-Made Garment (RMG) sector, and unfortunately, many are not educated or even illiterate; consequently, they are usually sufferers and deprived of their rights and entitlements. This situation can be avoided by enacting a uniform law concerning maternity benefit containing uniform provisions, uniform conditions, uniform procedures, and uniform benefits for all employed women irrespective of their status and workplace. 

Since maternity, by its very nature as related to the human body, deserves equal treatment irrespective of status, category, or type of workplace, and every child requires similar and equal care towards promoting their development, it is time to consider ensuring at least twenty-six weeks of paid maternity leave for all level of female employees irrespective of their status, category or type of workplace, and to enact uniform and definite provisions for maternity benefit so that every employed woman can easily be aware of their rights, avail their benefits and can ensure adequate maternal and child healthcare. If a uniform provision is provided, every female employee can easily be aware of their rights; consequently, it will promote the implementation of the law. 

The writer is a Corporate Legal Practitioner.