Maternity Leave Laws: History Of Mandatory Time Off

The United States was the only country among the 38 member OECD nations that had not passed laws requiring businesses and corporations to offer paid maternity leave to their employees as of 2020. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for parents of newborn or newly adopted children if they work for a company with 50 or more employees. This law was revised in 2015 to include same-sex parents and spouses. In 2020, California, New Jersey, and Rhode Island mandated paid parental leave for employees, including those who are part of companies with 50 or fewer employees. In 2024, 11 states and the District of Columbia offered paid family and medical leave.

The Family and Medical Leave Act (FMLA)

The FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• The birth and care of the newborn child of an employee;
• Placement with the employee of a child for adoption or foster care;
• To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
• To take medical leave when the employee is unable to work due to a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

Military family leave provisions were first added to the FMLA in 2008, affording FMLA protections specific to the needs of military families. The FMLA is administered by the US Department of Labor; however, the Office of Personnel Management administers FMLA for most federal employees.

While the FMLA provides job protection and guarantees unpaid leave, it does not protect employees who take paid leave. Paid maternity leave is often voluntarily provided by employers, and several states have also created paid parental leave plans, which are funded partially by employers and employees.

Maternity Benefit Act 1961

The Maternity Benefit Act of 1961 was established to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide maternity benefit and certain other benefits. The act came into effect on November 1, 1963, and was enacted to protect the rights of women in the workplace during pregnancy and postpartum. Here is a detailed overview of the Maternity Benefit Act 1961:

Sections of the Act:

• Short title, extent, and commencement: This section outlines the official name, scope, and implementation date of the Act.
• Application of Act: Specifies the industries and types of establishments to which the Act applies.
• Definitions: Provides clear definitions of key terms used in the Act.
• Employment of, or work by, women prohibited during certain periods: Details the periods during and after pregnancy when women are prohibited from certain types of work or employment.
• Right to payment of maternity benefit: Establishes the right of women to receive maternity benefits, including the duration and amount of benefits.
• Continuance of payment of maternity benefit in certain cases: Addresses situations where the payment of maternity benefits may be continued beyond the standard period.
• Payment of maternity benefit in specific cases: Specifies the conditions under which maternity benefits are payable, such as live birth, miscarriage, or medical termination of pregnancy.
• Notice of claim for maternity benefit and payment thereof: Outlines the procedures for claiming maternity benefits and the process for making payments.
• Payment of maternity benefit in case of death of a woman: Details the provisions for paying maternity benefits in the event of the death of the woman.
• Payment of medical bonus: Explains the circumstances under which a medical bonus may be payable.
• Leave for miscarriage, etc: Grants leave entitlements for women who experience a miscarriage or other pregnancy-related issues.
• Leave with wages for tubectomy operation: Provides for paid leave for women undergoing a tubectomy operation.
• Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy, or tubectomy operation: Addresses leave entitlements for women who experience illness related to pregnancy or its termination.
• Nursing breaks: Establishes the right of women to take breaks for nursing or breastfeeding their children.
• Creche facility: Requires certain establishments to provide childcare facilities for their employees' children.
• Dismissal during absence of pregnancy: Prohibits the dismissal or termination of a woman's employment due to her absence during pregnancy or related leave.
• No deduction of wages in certain cases: Specifies situations where wages cannot be deducted from a woman's salary during pregnancy-related leave.
• Appointment of Inspectors: Details the appointment process and responsibilities of inspectors who oversee the implementation of the Act.
• Powers and duties of Inspectors: Outlines the authority and obligations of inspectors, including conducting inspections, investigating complaints, and enforcing compliance with the Act.
• Inspectors to be public servants: Clarifies the status of inspectors as public servants, protecting them from legal consequences arising from their official duties.
• Power of Inspector to direct payments: Empowers inspectors to direct employers to make payments owed to employees under the Act.
• Forfeiture of maternity benefits: Specifies the conditions under which a woman may forfeit her entitlement to maternity benefits.
• Abstract of Act and rules to be exhibited: Requires employers to display a copy of the Act and associated rules in a prominent place within the workplace.
• Registers, etc: Outlines the record-keeping requirements for employers, including maintaining registers and providing information to inspectors.
• Penalty for contravention of Act by employer: Details the penalties for employers who violate the provisions of the Act, including fines or imprisonment.
• Penalty for obstructing Inspector: Establishes penalties for individuals who obstruct or provide false information to inspectors.
• Cognizance of offences: Specifies the legal procedures for addressing offences under the Act.
• Protection of action taken in good faith: Provides legal protection for individuals acting in good faith in relation to the Act.
• Power of Central Government to give directions: Empowers the central government to issue directives and guidelines for the implementation of the Act.
• Power to exempt establishments: Allows the government to exempt certain establishments from the Act under specific circumstances.
• Effect of laws and agreements inconsistent with this Act: Clarifies that the provisions of the Maternity Benefit Act supersede any other laws or agreements that may conflict with it.
• Power to make rules: Grants the central government the authority to formulate rules and regulations for the effective implementation of the Act.
• Amendment of Act 69 of 1951: Provides details on the amendment of the previous legislation, Act 69 of 1951, outlining the changes and updates made to enhance the protection of women's rights during pregnancy and childbirth.

Maternity leave in the US is unpaid

In the US, maternity leave is not paid at a federal level. The Family and Medical Leave Act (FMLA) grants 12 weeks of protected but unpaid job leave per year. This applies to fathers as well as mothers, and covers the birth or adoption of a child, as well as the illness of a family member. However, FMLA does not cover everyone: to be eligible, employees must have been working in their job for a year, and their employer must have 50 or more employees within 75 miles of their workplace. Self-employed people and contractors are not covered by FMLA.

The US is the only high-income country that does not offer paid maternity leave at a federal level. It is also the only OECD country without a national statutory paid maternity, paternity or parental leave. However, some states have passed their own paid family leave laws, and some employers offer paid leave voluntarily.

The lack of paid maternity leave has serious implications for women and children. The US has the highest infant mortality rate out of 28 wealthy countries, and its birth rate is at a record low. One in ten women in the US suffers from postpartum depression.

Maternity leave in India is paid

The Act mandates paid leave for women employees, allowing them time to care for their newborns without the added stress of work obligations. Women are entitled to 26 weeks of paid leave for their first two children and 12 weeks for subsequent children, including biological mothers in surrogacy arrangements and mothers who are adopting.

During maternity leave, women receive their full average salary, calculated based on the three months preceding the leave period. Employers are prohibited from terminating employment during or due to maternity leave, and women have the right to return to the same or an equivalent position.

Maternity leave in the Philippines

In the Philippines, the 105-Day Expanded Maternity Leave Law (RA 11210 or EML) came into effect on March 11, 2019, and covers female workers in the public and private sectors, as well as those in the informal economy, and voluntary contributors to the Social Security System (SSS). The law grants 105 days of paid maternity leave at 100% of the average daily salary, with the option to extend for an additional 30 days without pay. In the case of a miscarriage or emergency termination of pregnancy, 60 days of paid maternity leave is granted.

The law also provides an additional 15 days of paid leave for those who qualify as solo parents under the Solo Parent Welfare Act of 2000. Maternity leave is applicable regardless of the civil status of the woman and the mode of delivery. It can be availed of in every instance of pregnancy, regardless of frequency, and includes Saturdays, Sundays, and holidays in the count.

To qualify for maternity leave benefits, a female member must have paid at least three monthly SSS contributions in the 12-month period immediately preceding the semester of the birth, miscarriage, or emergency termination of pregnancy. The employee should notify their employer of their pregnancy and expected due date at least 30 days in advance and provide a medical certificate.

Female workers are entitled to full pay for the duration of their maternity leave, and employers are required to provide medical and healthcare benefits during pregnancy and the postpartum period. Employers are also mandated to provide a supportive work environment, including facilities such as breastfeeding rooms and flexible work arrangements.

Employers who fail to comply with the provisions of the law are subject to fines ranging from PHP 20,000 to PHP 200,000 and/or imprisonment of 6 years and 1 day to 12 years, as well as non-renewal of business permits.

Frequently asked questions