The contractual employees whether professional or others, are all entitled for 12 weeks maternity leave as per the order of Government of India.
The Maternity Benefits Act, 1961 entitles a working woman to 12 weeks of maternity leave, of which six weeks can be taken before the expected date of delivery.
Some hospitals in Delhi, like Delhi Cantonment Board. Doctors say that the problem prevails in all of them due to lack of clarity and, in some cases, unwillingness to support an ad hoc employee seeking maternity leave.
However the rule clearly says that even the contractual doctors are eligible for 12 weeks maternity leave.
While issuing notice to concerned authorities, the J&K High Court has directed them to consider extension in the maternity leave of a contractual doctor at par with granted to permanent employees. A single bench of Justice Virender Singh passed the directions on a petition filed by Dr. Bilquees Khurshid, who was appointed as doctor under National Rural Health Mission in District Budgam on contractual basis.
However authorities did not granted extension of maternity leave beyond sixty days to the doctor and instead asked her to join duty.
Last year, the court has that female employee appointed on contractual basis cannot be discriminated by denying maternity leave as is being granted to their permanent counterparts and had asked government to issue orders so that all working class women get same maternity and other leave benefits.
Thus there are different opinion at different places despite the rule says okay.