Medical leave for contract employee
10 months ago
I am working as contract employee in esi since 1 yr,I am 4 months pregnant now that my doctor advised me bed rest due to pregnancy related complications and the hod is asking to resign as he could sanction me leave under medical grounds,if I resign I could not get maternity leave ,kindly tell me solution for this..but according to rules,an employee is eligible for maternity leave if she worked for 80 days in the previous institute....how is this applicable in my case as they are deniying me medical leave as I couldn't continue for 3 months to get maternity leave as doctor advised me bed rest
As per Section 5(2) of the Maternity Benefit Act, 1961 any woman employee who has been employed for a continuous period of eighty days or more in the twelve months immediately preceding her date of delivery shall be entitled to the benefits under the Act. There is no amendment in section 2 of the Maternity Benefits act, so the act is applicable to all the women employees who are employed in any capability directly or through any agency i.e maternity benefits act will be applicable to contractual women employees engaged by an agency. Women employees need to have a minimum of 80 days contribution towards ESIC to get eligible for maternity leave. 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. Women employees will get the full salary which includes basic wage, DA, HRA, other cash allowances, incentive bonuses etc. in the course of maternity leaves that are treated as paid leave. For any kind of unfair practice that affects your right to maternity leave you may reach out to the office of the Commissioner of ESI or Labour Commissioner concerned for redressal of your grievance.
A.Dear Madam,
Normally, medical leave facilities available to permanent employees however you may approach the following authority.
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Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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