A contractor is not an employee of employer. He/she is not bound by and not entitled to obligations and right of an employee.
Maternity leave for contractual employee
Hi, I joined an MNC as a subcontractor, ie, I work for the US client of the MNC and my payroll is done by a third party company in India. I just found out after joining the company, that I am pregnant with my first child. I will be delivering in 8 months. My payroll company has not mentioned about maternity benefits in the contract and the contract mentions that benefits normally available to an employee of the company are not available to me ie, a contractor. Does this mean that I cannot avail maternity benefits if I complete 80 days in the company before delivery?
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
You are entitled to maternity leave even if you are contract employee
2) The object of the MB Act is to see that a woman employee at the time of advanced pregnancy, is not compelled to work as it would be detrimental to her health and also to the health of the foetus. It is for this reason it is provided in the Act that she would be entitled to maternity leave for certain periods prior to and after delivery.
4) the Supreme Court has held that there is nothing contained in the Act by which it can be concluded that it entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily basis
You can avail benefits if the said company is in India and applicable to laws of India.
The maternity leave applies to Establishments like factories, corporates, mines, plantations, shops & establishment act, and government establishments.
Eligibility: For a woman employee to be eligible under this Act, she should have completed working for 80 days in the current establishment in the last 12 months.
The Maternity (Amendment) Bill 2017 has extended the earlier 12 weeks’ leave to 26 weeks. The pregnant employee can bifurcate the leave as post and pre-delivery. 8 weeks of leave can opt before the delivery and remaining post-childbirth.
Private sector female employees have to ensure maternity leave policies with their HR team. The leave and payment provisions vary for different companies.
Paid leave is calculated based on the average daily wage for the period of absence.
Therefore you can apply for maternity leave as per the latest amendment to the Maternity leave act.
The contract of employment prevails. If there is no such provision for other than regular or permanent employees, you cannot claim the benefit.
Dear client,
Contractual employees in India are entitled to maternity benefits, since the Maternity Benefits Act doesn't delineate rights based on how a worker is classified and also You have a right to take up to a year of maternity leave. It doesn’t matter how long you’ve worked for your employer, how much you’re paid or how many hours a week you work.
