Maternity Leave
8 months ago
My wife is working in IT. The company "A" for which she is working has outsourced her to some other MNC as a third party service provider . Please note the important dates
She has Joined the Company - 14/04/2023
Last day of working for MNC is 14/10/2023 ( We are assuming that company "A" will fire her as the contract has ended with MNC)
Probation period in Company "A" - 14/10/2023
One more fact at the time of joining was we were not aware that this was the contract job . We got to know this from MNC that you have been hired for 6 Months only
Expected due date of my wife :- 30/12/2023
In this case is she eligible for the maternity ? Please let us know the the right procedure to put it up with the company
No employer can deny a woman employee’s maternity benefit irrespective of her status or nature of employment if the woman is eligible to get maternity benefits under the Maternity Benefit Act, 1961 . The Act states that the women employees who have worked under the employer for at least 80 days in the past 12 months are eligible to get maternity benefits. So, on submission of a written claim for the benefit of maternity leave, if your employer denies your maternity benefit or has dismissed or discharged you from services, you can send a legal notice to your employer regarding the denial of your maternity benefit and can make a complaint against the employer to the Inspector/Lebour Enforcement Officer(LEO) of the office of the concerned Labour Commissioner for redressal of your grievance. Apart, you can escalate your grievance before the Chairperson, of the National Commission for Women who is empowered to investigate complaints related to issues faced by women by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.
Courts have held that even women engaged on a casual basis, or on a contract basis on daily wages, are entitled to get the benefit of maternity leave at par with regular employees. Contractual employees are also entitled to 26 weeks of maternity leave.
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