Ad hoc doctor maternity leave in Delhi govt hospital
i am a senior resident doctor in a delhi gov hospital on adhoc of 89 days. am i eligible for 180 days maternity leave. my hospital is providing me only 84 days leave and they are denying me for further extension. i am working here for more than one year. if i am eligible for 180 days kindly cite the rule. also they are asking me get an order if any such doctor of delhi state gov get 180 days leave in the past. how can i get that order. can they terminate me even though i have applied for further extension. what should i do in such condition.
dr savita gupta
Asked in Labour from Delhi, Delhi
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. It was so held by CAT in case of Mrs. Anju Sharma vs The DDE (Vocational) on 14 March, 2011.Central Government extended the period of maternity leave from earlier 12 weeks to 180 days in 2008. You can check up what is the quantum of leave granted to permanent doctors and then referring the above mentioned case you can claim the same. It is law that your services can not be terminated on this ground.
Advocate, New Delhi
If they do not grant you leave get a refusal letter and then file case in CAT, you will get the same allowed.I have recently handled similar case and got the relief in favour of my doctor client. You may contact me through phone consulting of this site.
Advocate, New Delhi
1. Have they mentioned under what ground or Act they are allowing only 84 days maternity leave?
2. As per the Act maternity leave is to be allowed for 180 days,
3. Send the authority a police letter drawing their attension to the point that as per Act 180 days maternity leave is allowed but you are being granted only 84 days which is required to be furher extended,
4. After perusing their reply you can understand on what ground they ae refusing to allow you the said 180 days leave to further proceed on the matter.