• Adhoc assistant professor of NIT will get maternity leave with pay or not?

Adhoc Assistant Professor of NIT (National Institute of Technology) who is working on 1 year contract basis since 2014 and whose contract has been renewed every year till now will get Maternity leave with pay or not? NIT authority said that it comes under CCS rules and according to CCS rule Maternity leave will not be provided to Adhoc Assistant Professor.
Asked 4 years ago in Labour

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11 Answers

Hello,

though not allowed by rules CAT in one of its recent order has held that adhoc employees are also entitled for maternity benefit. Refer to the judgment at the following link:

https://drive.google.com/file/d/0B1HsQbGlNpEfUnZOYklqd3QzNms/view

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you shall get the benifit of maternity leave as held by Central administrative tribunal in a judgement.

Kindly refer the judgement http://www.livelaw.in/temprorary-ad-hoc-contract-staff-also-entitled-maternity-leave-cat-read-order/

Make an application for leave with copy of judgement if institution still denies can approach CAT for relief.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are entitled to maternity leave even if you are ad hoc employee

2) The CAT placed reliance upon Section 5 of the Maternity Benefit Act, 1961 which inter alia states that “subject to the provisions of the Act, every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.”

2. The CAT cited the ruling of the Hon’ble Apex Court in the case of Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. (2000 (3) SCC 224) which held as follows: "To become a mother is the most natural phenomena in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the work place while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear, of being victimized for forced absence during the pre or post-natal period.”

3) The Tribunal held that benefits of maternity leave with full salary cannot be denied to a female employee appointed on contractual basis and that the applicant is entitled to maternity leave as per provision of Section 5 of the maternity benefit Act, 1961.

4) CAT ordered that the applicant may be allowed to resume service as a guest teacher in terms of her original engagement letter and that the respondents give the back wages to the applicant till the disposal of the application with all consequential benefits for the academic year 2015-2016.

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

File petition before CAT if you are denied maternity leave

Don’t apply for earned leave

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Contact a local lawyer

File petition before CAT if denied maternity leave

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

An application before CAT has to be referred at earliest if they donot grant your leave, contact a local lawyer and prefer an application under section 19 Administrative Tribunal act to get the benefit of maternity leave provided under Maternity benefit Act, you are entitled to 26 weeks of the paid leave for maternity. The CAT shall grant you relief following the judgement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Courts in India clearly ruled, even contact , ad hoc employees are at par with govt. employee to avail benefit of maternity leave.

Approach court, even after delivery of baby, u will be grant order in your favor from back date.

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/

http://legaldesire.com/every-woman-employee-temporary-contractual-entitled-maternity-leave/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The CAT has declared that while it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as regular employees, request for maternity leave should be judged on a different footing and therefore, such ad hoc, temporary or contract employees are entitled to maternity leave.

The Central Administrative Tribunal (“CAT”) has on 12 October 2017 declared its view on the issue of whether ad hoc employees are entitled to maternity benefits that are akin to those available to a regular employee.

Thus it is unlawful on the part of the authorities of the NIT to deny or refuse maternity leave to the adhoc assistant professors.

She can take up the issue legally if the authorities still behave as ignorant of law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

So what shall I do now? Do I need to prefer any legal step? I am 9th month pregnant. Nit authority is asking to take earned leave. I have only 21 days of earned leave. How shall I manage? Please suggest some way to avail maternity leave with pay.

The CAT placed reliance upon Section 5 of the Maternity Benefit Act, 1961 which inter alia states that “subject to the provisions of the Act, every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the p eriod of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.”

2. The CAT cited the ruling of the Hon’ble Apex Court in the case of Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. (2000 (3) SCC 224) which held as follows:

"To become a mother is the most natural phenomena in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the work place while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear, of being victimized for forced absence during the pre or post-natal period.”

Therefore you can take up this legally by first exhausting the remedy within the organisation , you should get their reply in writing after which you can initiate legal actions.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Thank you for the response. I have already gave one application and then the authority verbally informed that NIT follows CCS rules and so asking to take earned leave. Now, as per the suggestion I'll again put up my maternity leave application with the CAT judgement. And Sir, if the authority still deny to provide Maternity Leave then what is the process to approach CAT.

You first get their denial in writing after which you can approach CAT with an application seeking their interference, direction to the organisation and further reliefs as per law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You are legally permitted to avail benefits of maternity leave under the Act

You can file an application under Section 19 of Administrative Tribunal Act in CAT seeking directions against the organisation to grant you maternity benefits and other reliefs.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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