• Maternity leave benefits

I am a professional doctor employed as a consultant in a reputed corporate hospital in kolkata since Feb 17 2015. My contract states that I Am employed as a full timer with independent contractor relationship with the hospital and not employment relationship with no employee benefit.  Am I still eligible for maternity leave benefits from Sept to Nov 2016.plz guide me
Asked 4 months ago in Labour from Kolkata, West Bengal
You are eligible for maternity leave benefits 

The Act applies to (1) every establishment being a factory, mine, plantation or circus; (2) every shop in which 10 or more persons are employed; (3) any other establishment to which the Act is applied by the State Government under the proviso to Section 2(1)

3) The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular woman employees to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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The Maternity Benefit Act is applicable to factories, mines plantations, and establishments in which persons are employed for the exhibition of questrian acrobatic and other performances. It also applies to shops or establishments within the meaning of any law for the time being in force in relation to shops and establishments in a State. If the organisation in which the employee works is not covered by the above classification please check whether in your State the State Government had applied the provisions of MB Act to that organisation. If the organisation in which the employee works does not come within any of the above three categories then the Act is not applicable to the organisation and the employee is not entitled to get the benefits of the Act.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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complain to state commission of women against the company 

also file complaint with labour department 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
The Modi government has recently passed an act for enhanced maternity leave for 24 weeks to all eligible employed ladies, this includes the contractual employees too, and this is likely to effect immediately.

The corporate hospital cannot decide based on their legal team's reply.

They have to decide based on the leave rules meant for the hospital.

You can very well approach Department of labor welfare or women commission seeking their intervention and redressal.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
You can move the Labour Court against the decision. This is the only remedy
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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