Women LFPR & Childcare leave

Women’s labor force participation rate (LFPR) and access to childcare leave are intricately linked components of gender equality and workforce participation. Across the globe, the LFPR of women has been subject to various factors, including cultural norms, economic conditions, and policy frameworks. The availability and affordability of childcare play a crucial role in enabling women to participate fully in the workforce. Childcare leave policies further influence women’s decisions regarding employment and career advancement, as they navigate the responsibilities of both work and family. Understanding the dynamics between women’s LFPR and childcare leave policies is essential for crafting inclusive and supportive environments that promote gender equity in the workforce.

Tags: GS Paper – 1 , GS Paper– 2 , Polity- Social Justice Women & Women Issues

for Prelims: Women Participation In Workforce, Female Labour Force Participation Rate (LFPR), and Periodic Labour Force Survey (PLFS) Annual Report 2022.

Relevancy for Mains: Female Labour Force Participation in India: Current Status, Significance, Challenges, and Way Forward.

Table of Contents

Context:

The Supreme Court has recently declared that denying Child Care Leave to mothers of disabled children violates women’s constitutional rights.
According to Periodic Labour Force Survey (PLFS) 2023-24, Female Labour Force Participation Rate (LFPR) in India has been significantly increasing over the years and around 1/3rd of women have joined the labour force.

Case Background:

The petitioner approached the court because her son has Osteogenesis Imperfecta, a rare genetic disorder.
Her leave application was denied because the state government hadn’t implemented the provision of child care leave, as outlined in Rule 43-C of the Central Civil Services (Leave) Rules, 1972.

Supreme Court Verdict:

The Court observed that denying child care leave to mothers goes against the constitutional duty to ensure fair treatment of women in employment.
Women’s participation in the workforce isn’t just a privilege but a constitutional entitlement safeguarded by Article 15 of the Constitution.
As a model employer, the state must consider the unique challenges faced by women in the workforce.
The Supreme Court directed the Himachal Pradesh government to:
Review its policies on Child Care Leave (CCL) for mothers, ensuring alignment with the provisions of the Rights of Persons with Disabilities Act 2016, especially concerning mothers of children with special needs.
Form a committee comprising the state commissioner appointed under the RPWD Act, the secretary of the Women and Child Department, and the secretary of the Social Welfare Department to examine all aspects of the issue.
Ensure that the panel’s findings are presented to the competent authorities for prompt policy decisions.

Provision of Child Care leave in India: Under the Central Civil Services (Leave) Rules, 1972:

Section 43-C: Child Care Leave: Female Government servants and single male Government servants (unmarried, widowers, or divorcees) may be granted child care leave for a maximum period of seven hundred and thirty days during their entire service, to take care of their two eldest surviving children. This includes duties such as rearing, education, attending to sickness, and similar needs.
Section 43: Maternity Leave: Female Government servants (including apprentices) with fewer than two surviving children may be granted maternity leave for a period of 180 days from the commencement date.
Section 43-A: Paternity leave: Male Government servants (including apprentices) with fewer than two surviving children may be granted Paternity Leave for 15 days during their wife’s childbirth, starting from 15 days before the delivery date or up to six months after the child’s birth.
Definition of “Child”: A child is considered to be below 18 years of age or up to 22 years with a minimum disability of forty percent, as detailed in the Ministry of Social Justice and Empowerment notification issued on June 1, 2001.
Conditions for Grant of Child Care Leave:
It cannot be granted for more than three spells in a calendar year.
For single female Government servants, the grant of leave in three spells in a calendar year can be extended to six spells.
It is generally not granted during the probation period, except in certain extreme situations where the leave sanctioning authority deems it necessary.
Child care leave may not be granted for a period less than five days at a time.
Female Government servants and single male Government servants shall be paid one hundred percent of their salary for the first three hundred and sixty-five days and eighty percent of their salary for the subsequent three hundred and sixty-five days

About Female Labour Force Participation:

Periodic Labour Force Survey (PLFS): Data on employment and unemployment is collected through PLFS, conducted by the Ministry of Statistics & Programme Implementation (MoSPI) from 2017-18.
Female Labour Force Participation in India: Labour Force Participation Rate (LFPR) is the percentage of persons in the labour force (i.e., working or seeking or available for work) in the population.
Female Labour Force Participation Rate:
According to the latest PLFS report, approximately 35.8% of females of working age (15 years and above) were in the labour force in 2022-23, compared to just 23.3% in 2017-18, marking a surge of 9.5 percentage points during this period.
Female Labour Force Participation Rate in Rural Sector: The significant increase came from the rural sector rather than the urban sector, where it rose by 12.0 percentage points. In rural areas, the female Labour Force Participation Rate increased to 38.6% during 2022-23, compared to 24.6% in 2017-18.
Female Labour Force Participation Rate in Urban Sector: In urban areas, the Female Labour Force Participation Rate was 25.8% in 2022-23, compared to 20.4% in 2017-18, showing an increase of just 3.4 percentage points.

Female Labour Force Participation Rate — **Female Labour Force Participation Rat**e

Factors Responsible for Low Female Labour Force Participation in India:

Society and Social Norms: Social norms are informal, unwritten rules of behaviour and social conduct that determine acceptable and appropriate behaviour in a given social context. The prevailing social norms for females are the “Female Homemaker norm,” while for males, it’s the “Male Breadwinner norm.”
Female Labour Force Participation: Approximately 3.4% of women were outside the labour force due to social reasons, with much of women’s work being home-based, such as caregiving.
Unpaid Care Work: A significant social and cultural norm is the experience of “time poverty” among married women, who are often engaged in domestic activities without receiving payment for their labour. Around 49% of females are engaged in domestic duties, childcare, and various tasks like sewing and weaving for household use.
Gender Biassed Social Norms: Women face numerous barriers, including societal expectations and legal and economic constraints, in their pursuit of employment. For example, some companies have policies that prohibit women from working night shifts.
Caste Discrimination: In lower-caste households, there is higher female labour force participation in the informal sector due to economic constraints and limited social mobility. Historically, individuals from lower castes have been expected to engage in manual and domestic work regardless of gender.
Salary/Wage Disparity: Statistics reveal a significant pay disparity between men and women engaged in similar types of jobs, with men earning more across all forms of work. In 2023, male self-employed workers earned 2.8 times more than women. Male regular wage workers earned 24% more than women, while male casual workers earned 48% more.
Education Levels: Education plays a crucial role in women’s access to employment. Women from higher castes, historically having better access to education due to economic conditions, have better employment opportunities. Higher educational attainment leads to increased labour force participation and productivity.
Impact of Pandemic: During the pandemic, around 64 million women globally lost their jobs, twice as many as men. This is attributed to the fact that women are more likely to work in informal, temporary, and part-time jobs.

Significance of Supreme Court Ruling for CCL to Women:

Addressing Systemic Challenges: The ruling addresses the challenges women face in balancing careers and caregiving, particularly for children with disabilities.
Gender Disparity and Child Welfare: It highlights how denying childcare leave perpetuates gender gaps in the workforce and compromises the rights of disabled children to proper care.
Societal Perceptions: The ruling brings attention to societal attitudes regarding caregiving, gender roles, and the inclusion of individuals with disabilities.
State and Employer Responsibilities: It underscores the importance of implementing inclusive policies that promote gender equality and support working parents, including those with disabled children.

Needs & Benefits of Child Care Leave:

Enhancing Employee Retention and Productivity:

Providing child care leave boosts retention rates and productivity, leading to higher female labour force participation rates and contributing to economic growth and stability.

Supporting Working Mothers:

Child care leave offers crucial support for working mothers to effectively balance their professional and personal responsibilities, recognizing their dual roles as caregivers and employees.

Fulfilling Constitutional Mandates:

Empowering Women through Special Provisions under Article 15(3) of the Constitution helps recognize the disproportionate burden of childcare on women.
The state is obligated to consider and address such issues hindering women’s participation in productive sectors.

Increasing Women’s Labor Force Participation:

Given the current low labour force participation rate of women, denying childcare leave could further decrease their participation.
Upholding Article 42 of the Indian Constitution, which emphasises maternity relief, promoting childcare leave aligns with the welfare state model in the Directive Principles of State Policy.

Government Initiatives to Improve Female Labour Force Participation in India:

Codification of Labour Laws: The Government has enacted four Labour Codes, including the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020.
The Code on Social Security, 2020: It includes provisions for enhancing paid maternity leave from 12 to 26 weeks, mandatory crèche facilities in establishments with 50 or more employees, and allowing women to work night shifts with adequate safety measures.
The Code on Wages, 2019: It prohibits discrimination based on gender in matters relating to wages for work of similar nature.
Beti Bachao Beti Padhao Scheme: Launched to ensure the survival, safety, and education of female children.
For Safe and Convenient Accommodation: The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, ensures safe working spaces and protects women against workplace harassment.
Support for Women Affected by Violence: One Stop Centre (OSC) and Universalization of Women Helpline offer immediate response and support to women affected by violence.
Skill India Mission: Provides training to enhance female employability through Women Industrial Training Institutes, National Vocational Training Institutes, and Regional Vocational Training Institutes.
Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA): Mandates that at least one-third of the jobs generated under the scheme should be given to women.

Source: (TH) (IE)

FAQs

Q: What is LFPR (Labor Force Participation Rate) for Women and its significance?

LFPR for women refers to the percentage of women who are either employed or actively seeking employment. It’s a crucial metric reflecting women’s engagement in the workforce, indicating economic participation and empowerment levels.

Q: How does Child Care Leave impact Women LFPR?

Child Care Leave (CCL) plays a significant role in supporting women’s LFPR by providing them with the necessary flexibility to balance work and caregiving responsibilities. Accessible CCL policies can encourage more women to remain in or re-enter the workforce after childbirth, thereby positively influencing LFPR.

Q: What are the benefits of offering Child Care Leave in terms of Women LFPR?

Offering Child Care Leave can enhance women’s LFPR by:

Allowing women to take time off work to care for their children without jeopardizing their job security.
Encouraging women to return to work after maternity leave by providing a supportive environment for balancing work and family responsibilities.
Contributing to gender equality in the workforce by reducing the burden of childcare primarily placed on women.

Q: Are there any challenges associated with implementing Child Care Leave policies for Women LFPR?

Yes, challenges may include:

Financial implications for employers, especially small businesses, in terms of managing workforce absence and providing paid leave.
Ensuring equitable access to CCL across different sectors and income levels.
Overcoming cultural barriers and stereotypes that may discourage men from taking advantage of CCL, thereby perpetuating gender imbalances in caregiving responsibilities.

Q: How can governments and organizations promote Women LFPR through effective Child Care Leave policies?

Governments and organizations can promote Women LFPR through:

Implementing comprehensive and inclusive CCL policies that address the diverse needs of women in the workforce.
Providing financial incentives or subsidies to businesses to encourage the adoption of CCL policies.
Investing in affordable and high-quality childcare services to support working parents.
Offering education and awareness programs to challenge gender norms and promote equal sharing of caregiving responsibilities between men and women.

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Women LFPR & Childcare leave – UPSC