• Maternity leave

I am employed in GNCT school GGSS Delhi as a Guest Teacher w.e.f December 26,2017. I already completed 96 days of actual working days / attendance in school on 10th May 2018 as per the first contract with the DSSSB Delhi. Since 11th May 2018 onward I am doing as a Mission Buniyad in same school under same directorate of Education in delhi during the vacation period of schools. Further I will again be signing in my contract with the same directorate from 1st July 2018 onward as a same guest teacher which will last upto 31st October 2018 as per govt agreement for guest teachers at present. Presently I am pregnant of 7 Months and my EDD is on 29th July 2018 as per doctors. I wish to take Maternity leave from 5th july 2018 onward prenatal leave. Can I apply for Maternity leave and benefit ( i.e paid leave) on 5th july 2018 and post natal leave after Delivery for 18 weeks as per MB Act. Amendment 2017 . Will I be entitle for 18 weeks of Maternity Leave with benefits or only upto my contract period upto 31st October 2018. Can you please provide me a copy of the MB Act which shows the eligibility criteria for a female to claim Maternity Leave and Benefits. 
Geetu
Guest Teacher in Delhi School
Asked 7 years ago in Labour

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9 Answers

The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.

Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.

Regards.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Please read section 5(2) of the Maternity Benefit Act.

However I have reproduced the relevant portion of section 5(2)below

"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery:"

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Guest teachers in Delhi government-run schools will now be entitled to maternity benefits

“It has been decided to extend benefits under the Maternity Benefits Act, 1961, and Maternity Benefits (Amendment) Act, 2017, to all guest teachers working in the Directorate of Education, Delhi government,” an official order read.

Pay parity

The Delhi School Tribunal had recently pulled up a private school for “illegally and arbitrarily” terminating the services of a contractual teacher on grounds that she asked for maternity leave, and ordered that she be “reinstated”.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Temprorary, Ad Hoc And Contract Staff Also Entitled To Maternity Leave: CAT [Read Order]...

Read more at: http://www.livelaw.in/temprorary-ad-hoc-contract-staff-also-entitled-maternity-leave-cat-read-order/

Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC [Read Judgment]...

Read more at: http://www.livelaw.in/contract-employees-govt-establishments-entitled-maternity-leave-par-govt-servants-kerala-hc/

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Your wife shall be entitled to maternity benefit with 80 days of employment please refer to section 5 maternity benifit act.

http://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf

further she will be entitled to 26 weeks of leave completely paid,

refer to amendment

https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act%2C2017%20.pdf

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further the delhi governemrnt has passed an office order for guest teachers to get the matenity benifit kindly refer the news I am searching for the officer order will provide you with the same:

https://www.ndtv.com/jobs/delhi-government-school-guest-teachers-to-get-maternity-benefits-1779228

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir Please refer the education department circular below to your point:

http://www.edudel.nic.in/upload/upload_2017_18/917_926_dt_23112017.pdf

File an application along with the copy of this circular and Maternity benefit act section 5 along with the amendment school shall grant you relief.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

CAT observed that it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as a regular employee but request for maternity leave stood on a different footing. In a significant ruling, the Central Administrative Tribunal (CAT) has said that temporary, ad hoc and contract women employees are also entitled to maternity leave and consequent benefits akin to regular staff....

The CAT based its ruling on a Supreme Court judgment of 2000 (3) SCC 224 in the case of „Municipal Corporation of Delhi Vs. Female Workers(Muster Roll) and another‟ which said women who constitute almost half of the segment of the society have to be honoured and treated with dignity at cases where they work to earn their livelihood”. “To become a mother is the most natural phenomenon in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, is in service, the employer has to be considerate and sympathetic towards her and must realize the physical difficulties which a working woman would face in performing her duties at the workplace while carrying a baby in a womb or while rearing up the child after birth”, the Supreme Court had said.

Therefore it can be understood that you are eligible for maternity leave with full benefits even beyond the expiration of the contractual; period.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

For calculating the number of days on which a woman has actually worked during the preceding 12 months, the days on which she has been laid off or was on holidays with wages shall also be counted.

There is neither a wage ceiling for coverage under the Act nor there is any restriction as regards the type of work a woman is engaged in.

A perusal of THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961) shall enlighten the concept.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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