Maternity contract and leave with benefits
6 months ago
For contractual employee in govt department, if contact is expired in between my maternity leave period then can I demand for new contact and continuing my leave with benefits?
A.Dear Client,
The provisions of 1961 Act seek to invest a woman with a statutory right to make maternity leave and seek payment for the period that she is absent from duty on account of her pregnancy, in accordance with the provisions of the 1961 Act. Limiting factors for the grant of maternity benefits: (i) First, the woman-employee should have worked in an establishment of her employer for a minimum period of 80 days in 12 months immediately preceding the date of her expected delivery. (ii) Second, the maximum period for which she can avail of maternity leave benefits cannot exceed 26 weeks, of which, not more than 8 weeks shall precede the date of her expected delivery. The provisions of the Maternity Act do not differentiate between a permanent employee and a contractual employee, or even a daily wage (muster roll) worker. The said position was made clear in the Supreme Court’s decision of Municipal Corpn. Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224. The 1961 Act does not tie in the grant of maternity benefits to the tenure of the woman employee. as long as conception occurs before the tenure of the contract executed between a woman employee and her employer expires, she should be entitled to, maternity benefits as provided under the 1961 Act.
The provisions of 1961 Act seek to invest a woman with a statutory right to make maternity leave and seek payment for the period that she is absent from duty on account of her pregnancy, in accordance with the provisions of the 1961 Act. Limiting factors for the grant of maternity benefits: (i) First, the woman-employee should have worked in an establishment of her employer for a minimum period of 80 days in 12 months immediately preceding the date of her expected delivery. (ii) Second, the maximum period for which she can avail of maternity leave benefits cannot exceed 26 weeks, of which, not more than 8 weeks shall precede the date of her expected delivery. The provisions of the Maternity Act do not differentiate between a permanent employee and a contractual employee, or even a daily wage (muster roll) worker. The said position was made clear in the Supreme Court’s decision of Municipal Corpn. Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224. The 1961 Act does not tie in the grant of maternity benefits to the tenure of the woman employee. as long as conception occurs before the tenure of the contract executed between a woman employee and her employer expires, she should be entitled to, maternity benefits as provided under the 1961 Act.
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A.Dear Client,
In India, the Maternity Benefit Act, 1961, provides certain rights and benefits to pregnant women or those who are on maternity leave. The Act does not specifically address the situation where a contractual employee's contract expires during their maternity leave period. If your contract expires while you are on maternity leave, you may be entitled to continue your maternity leave until its completion, as maternity leave is a statutory right under the Maternity Benefit Act. as amended in 2017, the Government has increased paid maternity leave from 12 weeks to 26 weeks of which not more than 8 weeks shall precede the date of expected delivery. During your maternity leave, you should continue to receive the benefits outlined in your employment contract, including any applicable salary, allowances, or other entitlements.
The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfils this requirement, then she can utilise this mandated maternity leave and any further leave or benefits that her employer provides her. According to the High Court of Delhi, contractual female employees are also entitled to maternity benefits.
In India, the Maternity Benefit Act, 1961, provides certain rights and benefits to pregnant women or those who are on maternity leave. The Act does not specifically address the situation where a contractual employee's contract expires during their maternity leave period. If your contract expires while you are on maternity leave, you may be entitled to continue your maternity leave until its completion, as maternity leave is a statutory right under the Maternity Benefit Act. as amended in 2017, the Government has increased paid maternity leave from 12 weeks to 26 weeks of which not more than 8 weeks shall precede the date of expected delivery. During your maternity leave, you should continue to receive the benefits outlined in your employment contract, including any applicable salary, allowances, or other entitlements.
The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfils this requirement, then she can utilise this mandated maternity leave and any further leave or benefits that her employer provides her. According to the High Court of Delhi, contractual female employees are also entitled to maternity benefits.
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