Shruti Swaroop, founder of Embrace Consulting, tells you why Deepika Padukone's quiet protest should inspire you to understand your maternity benefits and plan your return to work with confidence, not compromise.
Returning to work after giving birth is possibly one of the most physically and emotionally complex decisions in a woman's working life.
Though there has been progress in workplace diversity and equity, post-maternity re-entry into the workforce is more often than not clouded with uncertainty, guilt and institutional ambivalence.
Recently, new mum Deepika Padukone walked out of Director Sandeep Vanga's upcoming film project; her requirements apparently included an eight hour work day, her fee and a share in the profits.
Her exit has, however, spotlighted a bigger issue -- how even the most privileged working mothers face resistance when asking for basic flexibility at the workplace.
While directors like Mani Ratnam and actors like Radhika Apte, Kajol and Ajay Devgn have supported Deepika for taking a bold stand, it is high time women, employers and society understand the legislative environment around working during and post maternity in India.
Understanding the legal environment
The Maternity Benefit (Amendment) Act of 2017 has been a major milestone for working women in India.
According to the Act, women employees are eligible to receive 26 weeks of maternity leave in place of the previous 12 weeks for their first two children. For the second child, the benefit is 12 weeks.
For those who opt for a baby through surrogacy, or have adopted a child who is three months old or younger, 12 weeks of maternity leave is provided.
Another significant provision is the right to work from home following maternity (depending on a mutual agreement with the employer) and the mandatory provision that firms employing more than 50 employees must have a creche so that the mother can go and visit the child four times a day.
While such steps are commendable, their efficacy relies greatly on their execution, an organisation's culture and the manager's attitude; all areas where most organisations continue to lag.
The grey zone: Post-maternity work hours
The legislation is clear when it refers to leave periods but far less so when talking about working hours after maternity.
Do women have to return to full-time work right away?
Is flexible work a right or a privilege?
Who sets the re-entry terms?
These are topics I regularly hear being discussed in coaching sessions with senior woman leaders and HR leaders.
Sadly, there is no catch-all requirement that guarantees women shorter or more flexible working hours upon return from maternity leave.
This loophole forces working mothers to negotiate terms with their managers individually -- an activity many describe as emotionally taxing, especially when compounded by the fear of being side-lined.
Whereas a few progressive employers offer a phased return to work, flexi-hours and WFH, these remain discretionary policies and not enforceable rights; it results in increased inequality, with access to assistance frequently dependent on one's power in the organisation and/or the good will of one's reporting manager.
What women should know... and ask for
Know your rights
Familiarise yourself with the Maternity Benefit Act and your company's internal HR policy; each company will have its own rules.
Ask for written clarification of maternity leave provisions, WFH, creche facilities and flexible working arrangements.
Plan your return
Before going on maternity leave, sit down and have an open conversation with your manager and HR about your preferred return plan.
Do you wish to return part-time, telework or work full-time with flexi-hours?
Document these requests in writing and, where feasible, agree on post-return performance review measures.
Request a phased return
A phased return starting with a couple of days per week or reduced hours is an excellent compromise.
Though it is not a legal obligation, it is something that most organisations will agree to do when offered as part of a carefully thought-out plan.
Document everything
Have all discussions, approvals and requests for adjustments documented. This adds clarity and establishes a reference point in the event of future disputes.
Don't apologise for asking
Asking for flexibility is not a special request -- it is a forward-thinking, inclusive practice that serves both the individual and the organisation. Alter the narrative from guilt to agency.
The employer's role: Moving beyond compliance
For organisations, supporting post-maternity work-life integration isn't just about ticking legal boxes; it's about building inclusive and psychologically safe workplaces that allow women to thrive.
As a board advisor and DEI consultant, I've observed that companies which proactively engage in post-maternity planning witness higher retention of women leaders, better team morale and stronger employer branding.
Some of the best practices include:
- Structured return-to-work programmes, offering coaching, mentorship and phased reintegration.
- Compulsory training of managers to eradicate the unconscious bias around maternity and caregiving.
- Access to mental health support, including postpartum counselling.
- Clear, consistent policy statements that are readily accessible to employees.
- Equity audits to ensure post-maternity evaluations that are free of punitive intent.
- If return-to-work support is positioned as a leadership imperative rather than a compliance mandate, it shifts the cultural tone across the organisation.
The cultural layer: Breaking through bias and expectation
Beyond policy and guideline is the less visible, more insidious barrier -- cultural bias.
Women returning from maternity leave are met with assumptions -- that they're less committed, less available or less ambitious.
Such biases -- they are hard to quantify but easy to feel -- can destroy careers . For example: being missed for promotion, given lower-visibility assignments and/or being subjected to subtle micro-aggressions in the guise of 'jokes.'
It's long past the time that we confront these assumptions head-on.
Motherhood is not a constraint; it's a potent expansion of identity and multitasking potential.
When women are supported following maternity, they come back with a new sense of direction and bring higher emotional intelligence to the workplace.
A call for shared accountability
Creating an equitable post-maternity culture requires shared accountability among women, employers, policymakers and society.
Women must advocate for their own interests without apology. Organisations must transcend policy and make empathy part of their culture.
Policymakers must fill gaps in the law, especially when it comes to flexible working entitlements and postpartum mental health. Society overall must transcend the kind of binary thinking that pits career against caregiving.
We must remind ourselves that inclusion isn't a project, it's a practice. And that practice must include how we support mothers; not just as employees but as leaders, innovators and culture makers.
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