• Availing maternity leave when on service on contract/ temporary

My wife is planning to take maternity leave from next mth, she is working as assistant professor. On temporary basis, her order is appointed by dean of government medical college Gondia, maharashtra, for 120 days, she is working their for 19 mths..my question is is she eligible for maternity leave??if yes will it be a paid or un paid one?? For how much time she can avail this leave?? She has been asked to take leave from next month for her health reasons?? Her delivery will be in august,,,, we fear that wheather maternity leave benefits are availaible for doctor's working on temporary posts??
Asked 7 years ago in Constitutional Law

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3 Answers

Even temporary employee are entitled to maternity leave

2) in state of HP v/s sudesh kumari held by HP HC that all female employees entitled to maternity leave

3) she is entitled to maternity leave of 26 weeks as per maternity amendment act passed by Parliament

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

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the judgment of the Apex Court in Municipal Corporation of Delhi Vs. Female Workers (Muster Roll) and Another 2000 SCC(L&S) 331 wherein it has been held that the provisions of the Maternity Benefit Act, 1961 are applicable even to women engaged on casual basis or muster roll basis. The relevant part of the said judgment reads as under:-

24. The provisions of the Act which have been set out above would indicate that they are wholly in consonance with the Directive Principles of State Policy, as set out in Article 39 and in other Articles, specially Article 42. A woman employee, at the time of advanced pregnancy cannot be compelled to undertake hard labour as it would be detrimental to her health and also to the health of the foetus. It is for this reason that it is provided in the Act that she would be entitled to maternity leave for certain periods prior to and after delivery. We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily wage basis.

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Your contract may state your employment status. In some cases you may be described as ‘casual’ or ‘self-employed’ or a ‘permanent temp’ when really you are an employee.

it does not matter whether you have a written contract or not. You still have the same rights but there may be more uncertainty about your employment status and about your terms and conditions at work if it is not written down. A contract can be verbal and if there is a dispute about your employment rights, an employment tribunal would look at what has been agreed between you and your agency or employer and what actually happens in practice.

Generally speaking, a temporary or fixed term contract has no special status in law, and if you are an employee (paid directly by the company you perform services for rather than paid by an Agency), you will have all the rights of a permanent employee.

Fixed term or temporary employees are entitled to maternity leave in the same way as permanent employees. Any reason for non-renewal connected to pregnancy or maternity leave is unfair. If your job still exists, your employer must have a fair reason for the dismissal.

You will qualify for Statutory Maternity Pay as long as you meet the continuous service and pay requirements: You need to have been working for this same employer for 26 weeks leading up to the 15th week before the baby is due (If you started work for the company before you were pregnant, and continue until you at least reach the 15th week before the week the baby is due you will meet this requirement.)

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

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