• Maternity benefit

I am working in a state government office on contract basis for the past 5 years without any break between the yearly renewal of my contract. This year they extended my contract, but after two days of break, i dont know why they gave me two days of break in between. The new contract is from 3rd February 2017 for one year. My last contract was till 31 January, 2017. My due delivery date is on June 7th 2017. I will manage to work atleast 80 days before applying for maternity leave.
I want to know whether i am eligible for maternity leave for 180 days with full last drawn salary.
Asked 7 years ago in Labour

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3 Answers

Honble Supreme Court in Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Another, 2000 SCC (L&S) 331 has held that as per the provisions of the Maternity Benefit Act, 1961, women engaged even on casual basis or on muster roll basis on daily wages are entitled to get the benefit of Maternity Leave at par with the regular employees,

2) Women contractual employees will also avail the benefit of six-month maternity leave like their regular counterparts.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

All female workers/ employee contractual, ad hoc, permanent or temporary are entitled for maternity leave. 1) Women contractual employees will also avail the benefit of six-month maternity leave like their regular counterparts.many states like Delhi , haryana have granted this benefit to its contractual employees

2) Honble Supreme Court in Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Another, 2000 SCC (L&S) 331 has held that as per the provisions of the Maternity Benefit Act, 1961, women engaged even on casual basis or on muster roll basis on daily wages are entitled to get the benefit of Maternity Leave at par with the regular employees.

The eligibility of 180 days of maternity leave depends on the state government rules on the contractual employees.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. you have right to avail maternity leave even working on contract basis.

2. whether you are eligible for full pay during this period shall be decided by the terms of contract.

3. contract employee cannot avail benefit of article 310 of constitution for enforcing rights given to permanent employee.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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