Maternity leave is a representational benefit that lets expectant mothers take a leave of absence from work to care for their children. A child requires the care of their mother for both psychological development and general well-being. It is essentially the payment offered to a woman for giving birth to a child, which helps cover the numerous costs associated with maternal care.
Although Sections 45 and 46 of the Bangladesh Labour Act 2006 states that appointing any woman within eight weeks of her delivery is prohibited, and that mothers are permitted to take 16 weeks or four months of fully paid leave, the concern is whether the amount of leave and maternity benefit is sufficient for both the mother and the child.
Hence, an amendment to the existing labour rule was published in the official gazette in September. According to this rule, if a mother gives birth one week after the estimated delivery date, she will receive less than two months of maternity leave after delivery. And that is all the time a working woman will have to care for her newborn child.
According to a study, the first two years of a child's life are the most crucial for brain development, and they must have their mother by their side throughout this period. In contrast, a mother must report to her workplace within 16 weeks -- this time is also insufficient for a mother to become physically fit herself. She is required to perform routine tasks such as stair climbing and even heavy lifting less than eight weeks after giving birth.
In addition, the newly introduced Rule 39(A) of labour rule 2015 states that, in order to compute maternity benefits, the average pay of one day must be calculated by dividing the worker's total wages from the previous month by 26. In addition, this newly introduced Rule 39(A) contradicts Section 48(2) of the act, because, as per Section 48(2) of the act, in order to calculate maternity benefits, the authority must divide an expectant mother's total three-month salary by the entire number of her actual working days. While according to an explanation in Section 9 of the EPZ Labour Act 2019, every general holiday must be considered a working day, and thus a month would consist of 30 working days.
Because of this newly added Rule 39(A), a female worker will be entitled to less benefits than those listed in Section 48(2) of the Labour Act. Due to the 2022 change, companies will seek to adhere to the rules' stipulations, which will have a negative impact on pregnant workers. From now on, when company officials calculate the maternity benefit, they will consider 26 days as working days rather than 30, consequently decreasing the already inadequate maternity benefits for workers.
Also if a worker has less basic wages due to unpaid absence in the last month, her maternity benefit will be further reduced. It is globally recognized that the newly implemented rule should not be contradictory to existing law, and because of that the government should reconsider the implementation of Rule 39(A).
Although the labour laws in Bangladesh entitle workers to 16-week maternity leave with total compensation, a research paper titled “Maternity Rights and Childcare in Bangladesh: A Study” shows that 33% of the workers in the RMG did not even receive any maternity benefits at all.
Furthermore, our industries have a common tendency to terminate workers during their pregnancy to avoid paying any maternity benefits. Also, according to the labour act of 2006, Section 47; Sub-Section 4(A), workers are entitled to approximately two months of maternity leave and other benefits before departure. But, in reality, workers are usually paid their full four months of maternity benefit when rejoining their work, which is a clear violation of the labour act.
These are crucial concerns regarding our garment workers that require immediate attention. The amount of leave granted to an employee is insufficient for the mother's health and the child's mental development. Therefore, the government should examine the amount of leave or benefits given and increase it to a level considered sufficient.
Our legislators need to be more careful while drafting new laws and regulations in order to avoid any contradictions with existing laws. Also, companies must comply with government regulations in providing essential maternity benefits and social insurance services to workers. This is not only their lawful duty but also a moral one.
SM Asif Mahmud is a freelance contributor.
