• Maternity leave

I am working in contract basis under Kerala State Disaster Management Authority. my contracts are renewed yearly. right now i am carrying 8 months completed 5 weeks more left for my due delivery date which falls on June 7th, 2017. I want to know is the new maternity law applicable to me. My employer said that i will be terminated from the service from the day i apply for maternity leave. Are contract staffs like me are not eligible for maternity leave. I have 80 working days (excluding sundays and public holidays) preceding my due date in my credit. Please guide me whether i can get maternity leave or have to giveup my job as my employer suggested. Please help me.
Asked 7 years ago in Labour

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3 Answers

1) you are entitled to maternity leave of 26 weeks as per maternity leave amendment act

2) contract employees are entitled to maternity leave

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

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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,

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Honourable 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.

Maternity Benefit act 1961 any woman who completes 80 days in the respective organisation is entitled to maternity benefit as per this act . Whether she is on contract or temporary or permanent or married or unmarried doesn't matter . If you have completed 80 days in your organisation then you are entitled to maternity leave and maternity bonus.

The employer can be dragged to court on this especially in view of the latest ruling in this which is effective through out the country

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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