Women workers in the public and state university sector are entitled to leave for medical treatment for subfertility, which is not offered in the private sector
- In Sri Lanka, maternity laws recognise the reproductive role of women and provide for paid, compulsory leave for women workers
- The Establishment Code and circulars from the UGC extend maternity benefits to female officers in public and state universities
- The law is also narrow in that it excludes fathers from participating in the child’s early development
- The Maternity Benefits Ordinance of 1939 applies to women working in a trade, with “trade” given a broad interpretation, and the Shop and Office Employees Act of 1954, which applies to women working in shops and offices
Sri Lanka has long been recognised for offering legal protections to working mothers. Paid maternity leave, job security during pregnancy, nursing breaks, and workplace protections have been part of the country’s labour framework for decades. Yet despite these safeguards, female participation in the labour force remains among the lowest in South Asia.
According to the 2024 Labour Force Survey, less than one-third of working-age women in Sri Lanka are economically active. This raises an important question: if legal protections for mothers exist, why are so many women still absent from the workforce?
The answer may lie not in the absence of legislation, but in the limitations of how those laws are designed and implemented.
A Long History of Protection
Sri Lanka’s maternity protection framework dates back more than 80 years. Several laws govern maternity benefits across different sectors of employment.
Women employed in private-sector industries are covered through legislation such as the Maternity Benefits Ordinance and the Shop and Office Employees Act. Female employees in the public sector receive maternity benefits through administrative regulations and government circulars.
These legal provisions guarantee paid maternity leave, protection against dismissal due to pregnancy, health and safety safeguards, nursing intervals, and in some cases childcare-related facilities.
On paper, the framework appears progressive. In practice, however, significant gaps remain.
Unequal Benefits Across Sectors
One of the most notable issues is the disparity in benefits available to women depending on where they work.
Women employed in government institutions generally enjoy more extensive maternity entitlements than their counterparts in the private sector. Public-sector employees may access extended periods of paid, half-paid, and unpaid leave following childbirth. Certain categories of public employees are also eligible for leave related to fertility treatments.
Private-sector employees typically receive more limited benefits, creating unequal levels of support across the labour market.
These differences can influence career decisions and employment preferences, particularly for women planning families. They may also contribute to broader inequalities between public and private employment opportunities.
Many Women Remain Excluded
Another challenge is that existing maternity laws do not adequately cover all working women.
A significant portion of Sri Lanka’s female workforce is employed in informal, temporary, seasonal, or casual occupations. Many women work in agriculture, construction, domestic services, small enterprises, and other sectors where formal employment protections may be absent.
As a result, large numbers of women remain outside the scope of maternity legislation.
Without adequate protection, some women may face pressure to return to work immediately after childbirth or risk losing their source of income altogether. Others may avoid formal employment due to concerns about balancing family responsibilities and workplace expectations.
The result is a system that protects some women while leaving many others vulnerable.
The Missing Role of Fathers
Sri Lanka’s maternity framework also reflects traditional assumptions about caregiving responsibilities.
While mothers receive legal recognition and leave entitlements, fathers are largely excluded from childcare-related leave provisions.
Paternity leave remains limited, particularly within the private sector. Public-sector employees are generally entitled to only a short period of leave following the birth or adoption of a child.
This reinforces the long-standing belief that childcare is primarily the responsibility of mothers.
Globally, many countries are moving toward shared parental leave systems that allow both parents to participate more equally in early childcare. Such approaches not only support child development but also reduce the career penalties often experienced by women after becoming parents.
The Cost of Maternity Falls on Employers
Ironically, some of the strongest protections available to women may also create unintended barriers to employment.
In the private sector, employers are largely responsible for bearing the financial costs associated with maternity benefits. Paid leave, workplace accommodations, nursing breaks, and other obligations are funded directly by employers without substantial state support.
While these protections are essential for workers, they may increase the perceived cost of hiring women of childbearing age.
This can contribute to discriminatory hiring practices, even when such discrimination is prohibited by law.
Employers may view male candidates as financially less risky, creating hidden disadvantages for women seeking employment or career advancement.
Many countries have attempted to address this issue through government-funded maternity insurance schemes or social protection programs that distribute costs more broadly across society rather than placing the burden solely on individual employers.
Beyond Legislation
The challenges facing women in the workforce cannot be solved through legal reforms alone.
Deep-rooted social and cultural expectations continue to shape women’s employment opportunities. Traditional gender roles often place the majority of caregiving and household responsibilities on women, limiting their ability to participate fully in paid employment.
Even when legal protections exist, workplace cultures, family expectations, childcare availability, transportation challenges, and social attitudes can prevent women from remaining in the labour market.
Addressing these barriers requires a broader approach that goes beyond labour legislation.
Building a More Inclusive System
If Sri Lanka hopes to increase female workforce participation, maternity protection laws must evolve to reflect modern realities.
Expanding coverage to women in informal and non-standard forms of employment would be an important first step. Strengthening paternity leave and introducing flexible parental leave arrangements could help redistribute caregiving responsibilities between mothers and fathers.
At the same time, policymakers must address the structural factors that discourage women from entering or remaining in employment, including inadequate childcare support, workplace discrimination, and persistent gender stereotypes.
Maternity protection should not be viewed solely as a welfare measure. It should be recognised as a key component of economic development.
Creating a system that supports both parents, protects all workers regardless of employment status, and enables women to pursue careers without disproportionate penalties will be essential if Sri Lanka is to unlock the full potential of its workforce.
Until then, strong maternity laws alone may not be enough to close the gap between legal protection and genuine economic participation.
