Maternity leave for contract employees
10 months ago
If an employee who is on contract for 1 year, but during her tenure is pregnant, does the company liable to pay maternity benefits, even though her due date is after the 1 year contract end period ?
A.Dear Client,
Your query requires more details to advise you properly. However if is to be noted that under the Maternity Benefit Act, 1961 every woman employee is eligible to claim maternity leave once she gets pregnant provided she worked for her employer at least for 80 days in the preceding 12 months. The women employee should produce a medical certificate to her employer 10 weeks before her delivery confirming her pregnancy and needs to give a written notice to her employer before 7 weeks of her date of delivery regarding her absence period. The Act is amended in 2017 raising the leave period from 12 weeks to 26 weeks. Maternity leaves are treated as paid leave in the absence of a woman employee from work which benefits the woman employee during the pregnancy period or taking care of a newborn child. For any kind of unfair practice that affects your right to maternity leave you may reach out to the office of Labour Commissioner concerned for redressal of your grievance.
Your query requires more details to advise you properly. However if is to be noted that under the Maternity Benefit Act, 1961 every woman employee is eligible to claim maternity leave once she gets pregnant provided she worked for her employer at least for 80 days in the preceding 12 months. The women employee should produce a medical certificate to her employer 10 weeks before her delivery confirming her pregnancy and needs to give a written notice to her employer before 7 weeks of her date of delivery regarding her absence period. The Act is amended in 2017 raising the leave period from 12 weeks to 26 weeks. Maternity leaves are treated as paid leave in the absence of a woman employee from work which benefits the woman employee during the pregnancy period or taking care of a newborn child. For any kind of unfair practice that affects your right to maternity leave you may reach out to the office of Labour Commissioner concerned for redressal of your grievance.
Helpful
Helpful
Share
Read Related Answers
Maternity benefit
Dear Client,
The legality of any order passed by a Labour Court or Industrial Tribunal may be challenged before the High Court through an appeal under Article 227 of the Constitution of India within s...
Mediclaim Policy - First 2 living children
Dear Madam,
The rules to be read between the lines and if there is any ambiguity then you have to approach insurance ombudsman or High Court.
mpocket loan
Dear Client,
In the given situation, filing a complaint against the recovery agents deployed by the Mpocket for the recovery of the loan at the local Police Station endorsing a copy of the said compl...
Maternity Pay requirements for redundant employee
Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the...
Maternity Benefits Related Questions
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Read Blogs on Maternity
Maternity Lawyers
Find Lawyers by Location