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Maternity Benefits: Protection or Prejudice? 

Have you ever wondered why many women are often asked questions like, “Are you married?” during job interviews?  

While this is a deeply personal question and can be considered an invasion of privacy, some hiring managers still ask it. This practice not only reflects bias but also contributes to workplace discrimination.  

Many employers associate marital status with future family responsibilities, especially for women, if marriage may lead to maternity leave or reduced commitment to work. 

Such questions are problematic because marital status is strongly linked to the motherhood penalty, a wage gap that arises when women experience reduced earnings after becoming mothers. 

While this discrimination is unfair, many women feel compelled to answer such questions during interviews, as refusing might harm their chances of being hired. 

Motherhood, or the possibility of motherhood, is a natural and fundamental reality facing young women and their employers. 

Despite women’s increasing levels of education and representation in senior leadership positions, women are still more likely than men to take time off from work or cut back on their hours due to caretaking responsibilities. 

Those caregiving demands have largely contributed to a persistent gender pay gap, often referred to as the “motherhood penalty.” 

According to The Economic Times Survey in 2024, a sixth of working women were not sure if their job would stay after returning from their maternity break, yet 50% of women did not have a career conversation before going on maternity leave. 

Women’s careers are proven to be significantly impacted financially by childbearing and caregiving. The economic and professional disadvantages women experience because of becoming mothers are known as the “maternity penalty.” 

Discrimination still exists, as many employers are hesitant to promote or hire women because they believe it will be expensive and interfere with maternity leave. Some of the key factors include, 

  • Lower Pay: Compared to women without children, mothers frequently make less money.  
  • Fewer Promotions: Because mothers are frequently viewed as less devoted or trustworthy than their colleagues without children, they are less likely to receive promotions. 
  • Workplace Bias: Mothers may face prejudice in employment, compensation, and job evaluations due to employers’ presumptions that they put their families before their jobs. 

These factors force women into part-time, lower-paying jobs, which hinders their ability to grow in their careers and aggravates economic inequality. 

Men, however, frequently gain from cultural conventions that have a different perspective on fatherhood. When they become fathers, they usually do not experience the same level of discrimination because of their dedication to their jobs. 

Men do not face a “penalty” as parents at all. Alternatively, fathers who work full-time experience a wage “bonus” when they have children. 

This is in stark contrast to the motherhood penalty faced by women, who often encounter reduced pay, fewer promotions, and even job loss due to perceptions of their commitment. 

The goals of the Maternity Benefit Act focus on protecting women’s rights at work and making sure they get assistance during a crucial period in their life.  

Maternity Leave (ML) is to eliminate or at least lessen the parenthood penalty that young women in the fertile age range must endure. In India, mandated leave was created to safeguard wages while on leave. 

In 2017, mandated paid maternity leave for women employees in India was increased from 12 weeks to 26 weeks. To lessen the “motherhood penalty” and encourage women to stay in the workforce, the Act protects pregnant women from being fired and offers paid maternity leave. 

Additionally, the Act also focuses on providing maternal benefits on, 

  • Leave for Miscarriage: If a woman has a miscarriage, she can take up to 6 weeks of paid leave. 
  • Adoption Leave: Woman who adopts a child under three months old is entitled to 12 weeks of maternity leave. 
  • Work from Home: After maternity leave, women may have the option to work from home base on mutual agreement with their employer. 

The Maternity Benefits Act represents a crucial step towards supporting working mothers in India. To prevent the motherhood penalty from becoming reinforced, its implementation must strictly be controlled.  

Achieving true gender equality in the workplace requires making sure that maternity benefits do not result in discrimination against mothers in hiring and employment practices. 

To truly empower women in the workforce, it’s crucial to create an inclusive workplace where motherhood is viewed as an asset rather than a weakness. Continuous efforts to raise awareness, improve workplace policies, and promote gender equality are necessary to create a supportive framework for all working parents. 

It takes a village to raise a child. But a supportive office may be enough to help a new mom returning to work to rise up the corporate ladder. 

Wondering how the Maternity Benefit Act applies to your workplace? Seeking guidance on your rights and responsibilities under the law? Reach out to us at +919004521614 or [email protected] to learn more! 

Authored by Gomathi Sridevi Radhakrishnan, Content Writer Intern 

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