Govt. doctors on adhoc basis are entitled to maternity leave
File application before CAT challenging termination of service and denial of maternity leave
Maternity leave not granted and terminated
Sir my issue is ,I am a doctor , an obstetrician and gynaecologist!!!I was working in dr.baba Saheb Ambedkar hospital, Rohini Delhi , as a senior resident since the past 9months , from 29march2016 to 26dec2016.Throughout the pregnancy no relief in work was given to me , In my pregnancy also I was doing my 12 hours day and night duties. On 27dec , 2016, I got labour pains at 5am in d morning and delivered by caesarean section. The hospital terminated me from d job and did not give me any maternity leave. I m jobless since then. How can a gynaecologist be terminated despite being given extension when she goes for her own delivery and that too in emergency!!!where is d LaWanda that too in a govt hosp when the director of the hosp is herself a gynaecologist and a lady, n the subdirectory of the hospital Dr . Subhash Seth says ki tum logo Ko maternity leave ke Naam par haraam ki khane ki Sadat pad chuki hai,!!!! Please can u help me on this.
Asked 7 years ago in Civil Law
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4 Answers
Are govt doctors on ad-hoc basis allowed maternity leave?if yes then I was not given and secondly if even not allowed then I could have been given non payleave, y termination?
Asked 7 years ago
Maternity benefit Act is applicable to all types of employees Casual, adhoc, contractual etc provided they have put in a service of 80 days in a year. The benefit of the Act is same for permanent and other employees.
in state of HP v/s sudesh kumari held by HP HC that all female employees entitled to maternity leave
Te maternity benefit is extended to even contractual employees.
In a writ petition before Rajasthan high court on the subject, the High Court held that maternity benefit is a social and legal acknowledgement for a women and denial of such benefit on the basis that the employee is a contract worker is not legal; while also directing the employer to sanction her leave benefit.
The law says that:
Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.
You can file a writ petition before high court Delhi and seek intervention and justice as per prevailing law of the land.
Are govt doctors on ad-hoc basis allowed maternity leave?if yes then I was not given and secondly if even not allowed then I could have been given non payleave, y termination?
Government doctors also come under the category of employees and they are very much entitled for the benefits granted by the government i this regard.
The rule says that
No employer should knowingly employ a woman during the period of 6 weeks immediately following the day of her delivery or miscarriage or medical termination of pregnancy. Besides, no woman should work in any establishment during the said period of 6 weeks. Further, the employer should not require a pregnant woman employee to do an arduous work involving long hours of standing or any work which is likely to interfere with her pregnancy or cause miscarriage or adversely affect her health, during the period of 1 month preceding the period of 6 weeks before the date of her expected delivery, and any period during the said period of 6 weeks for which she does not avail of the leave.
When a pregnant woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during, or on account of, such absence, or give notice of discharge or dismissal in such a day that the notice will expire during such absence or to vary to her disadvantage any of the conditions of her services.
Dismissal or discharge of a pregnant woman shall not dis-entitle her to the maternity benefit or medical bonus allowable under the Act except if it was on some other ground.