(1) Night work and overtime work should be prohibited for pregnant and nursing women and their

working hours should be planned so as to ensure adequate rest periods.

(2) Employment of a woman on work prejudicial to her health or that of her child, as defined by
the competent authority, should be prohibited during pregnancy and up to at least three months
after confinement and longer if the woman is nursing her child.

(3) Work falling under the provisions of subparagraph (2) should include, in particular--
(a) any hard labour involving--
(i) heavy weight-lifting, pulling or pushing; or
(ii) undue and unaccustomed physical strain, including prolonged standing;
(b) work requiring special equilibrium; and
(c) work with vibrating machines.
(d)
(4) A woman ordinarily employed at work defined as prejudicial to health by the competent
authority should be entitled without loss of wages to a transfer to another kind of work not
harmful to her health.

(5) Such a right of transfer should also be given for reasons of maternity in individual cases to any
woman who presents a medical certificate stating that a change in the nature of her work is
necessary in the interest of her health and that of her child.

(6) It is a crucial career turning point for many women to return to work after parental leave. Many
women experience mixed emotions before returning from leave: concern about leaving their
child with another caregiver, but eagerness to return to a competent, adult environment where
they have mastered the subject matter. But even so, it is harder to return to work after leave
than many women expect.

(7) Support a culture of company that places parental leave as a brief interlude, not a substantial
interruption. Good organizational environments often concentrate on face-time outputs. Have
phased returns. During leave, phased returns offer "check-in days" and a gradual return that
ramps up from three days a week to four and then to five. Set up returning employee mentoring
programs, where you pair high performers with high performers who are new parents who are
more experienced caregivers. Group coaching or informal buddy systems may be another
choice.

(8) While ~1.8 million women across the country are supposed to benefit from the Maternity
Amendment Act, the government seems to have ignored the Sixth Central Pay Commission's
recommendation and left out a majority of the workforce employed in the unorganized sector in
India (estimated to be over 90 percent of the total workforce).

(9) The Maternity Amendment Act missed the opportunity to incorporate paternity leave, and
maybe a chance to spread the idea that both parents should be responsible for running a family.
A 'Maternity and Paternity Benefit Act' seems like we'll need to wait longer.

(10) 1. Various types of leaves relating to child birth have been adopted by countries such as the
United Kingdom, Singapore and Australia, including parental leave (allowing parents to share
 parental leave in the manner acceptable for them), paternity leave, family leave, etc. where both
parents earn leaves at the time of child birth. This allows parents to a certain extent to strike a
balance between their careers and personal lives, and also ensures that both parents receive
proper care and attention, particularly in their initial years of growth.

(11) In India, the cost of maternity leave (wages during the leave period) is to be borne by the
employer, unlike some other countries where the cost is borne by the government or shared by
the government and the employers or vide social security schemes (unless the female employee
covered under the ESI Act). Additional provisions, such as providing a creche facility, etc., will
also require employers to build sufficient facilities, resulting in more problems and more
expenses. An choice could have been offered in terms of part unpaid leave, something that is
common in some of the developed nations, to help minimize the financial exposure to the
employer.

(12) There have been several news reports indicating that increased maternity leave could serve as
a barrier to hiring female applicants for some employers. While it is hoped that this is not true,
it could sadly impact all the positive work put in place so far to encourage women's diversity
and inclusion in the workplace.

(13) There also does not seem to be a compelling argument, given the intent of the act, as to why
the legislation does not extend to establishments with less than 10 workers. The amendment
would not expand the statute's applicability to all establishments, regardless of the number of
workers.

(14) The Maternity Amendment Act has not increased the medical bonus amount payable which is
currently low and does not match up to the current inflationary trends.