Maternity leave for contract employees 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 ?

Legal Counsel Vidhikarya

Responded 10 months ago

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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.
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