• Maternity leave for senior resident doctor in delhi govt hospital

I have been working in LBSH hospital of delhi govt from 6th march 2017 as senior resident adhoc and my work and conduct has been good all through...i got pregnant in august 2017 and continued working all through pregnancy till march 30th and applied for maternity leave from march 31st 2017 with the knowledge that i will get 6 months maternity leavd according to maternity leave benefit act 2017..i have been suddenly terminated citing that maternity leave wont be given beyond the tenure of adhoc doctors...i dun understand that i have been working in the same institution from 1 and half years on adhoc , nobody ever said this to me while working and suddenly they terminated me..kindly guide me through the same..
Asked 2 years ago in Labour

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9 Answers

You can serve them a legal notice citing the concerned law which they have breached.

Neeraj Kumar
Advocate, Delhi
5 Answers

Not rated

you are entitled to maternity leave of 6 months

2) The Maternity Benefit Act protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons

3) In terms of letter No. A.12026/9/88-CHS dated 2.11.1998 issued by Government of India, Ministry of Health & Family Welfare (Department of Health), the Medical Officer appointed on

monthly wage (contract) basis were entitled to same benefit of leave and maternity leave as are

admissible to the Medical Officer appointed on regularly basis

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

Dear Client,

Even Delhi courts have upheld ad hoc, contract employees entitle to maternity leave. Eligible - Woman employee should have minimum 80 working days to her credit in last 12 months.

termination illegal - Same will be set aside if assailed in court. case can be file after delivery.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Maternity leave is for for employees whether Permanent or on Contract.

Jaswant Singh
Advocate, Gurugram
901 Answers
2 Consultations

4.8 on 5.0

The termination is illegal as ad hoc are also entitled to maternity leave and consequent benefits akin to regular staff, if you've worked for more than 80 days in the last year with this organization.

Benefits of maternity leave with full salary cannot be denied to a female employee appointed on contractual basis. This view finds support in various judgments of the Apex Court.

In view of the judgment of Honble Supreme Court in Municipal Corporation of Delhi Vs. Female Workers (Muster Roll) and Anr. (2000) 3 SCC 224), the benefit of maternity leave should also be given even to such women who were engaged on casual or muster roll basis.

You should send a legal notice to the hospital asking them to withdraw termination and to extend you all the benefits under the Maternity Benefit Act.

If they fail to do so, you may file a complaint with the Inspector appointed for such purpose under the Ministry of Labour and employment.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

Please see AIR 2000 SC 1274 Municipal Corporation of Delhi Vs. Female Workers (Muster Roll). The ratio decendi of the judgment of Honble High Court in Municipal Corporation of Delhi Vs. Female Workers (Muster Roll) is that for the purpose of maternity leave, the muster roll and regular workers need to be treated at par.

File a case immediately. This is wrong

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

This is my response to you:

1. Send them a legal notice stating that they should reinstate you;

2. Please find below a format for filing complaint:

FORM H: Complaint

To

The Inspector,

(Under the Maternity Benefit Act, 1961)

Sir,

I ______ (name of woman) employed in _________ (name and full address of 3[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs. ______ being maternity benefit and/ or Rs. ____ being the medical bonus and/ or Rs. ____ being wages for leave due under 2[section 9 or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.

Date _________ Signature or thumb impression of the woman.

Date ________ Signature of an Attester in case the woman is unable to sign and affixes thumb impression. Full address of the woman.

3. You must also seek compensation for the same;

4. Check this link for the kind of complaint relevant to you if you are seeking claim as well: https://hrylabour.gov.in/staticdocs/labourActpdfdocs/MATERNITY_BENEFIT_RULES.doc

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 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 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.”

The Tribunal recorded that a consistent view has been taken by the courts, and rightly so, that contractual employees cannot be equated with regular employees. The benefits accruing to an ad hoc employee are necessarily different than those admissible to a regular employee and while this may be true in all other cases of ad hoc employees, the nature of the “benefit” being claimed by the applicant in the instant case, cannot be routinely clubbed, or, equated to any “other benefit” being claimed by an ad hoc employee. Grant of the benefit of maternity leave to a woman employee, whether ad hoc or regular, has to be dealt with on a different footing.

you may consult a local advocate and proceed legally.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

The said termination is illegal. You can challenge the same in Court.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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