Maternity leave and contract
6 months ago
For contractual employee in chandigarh govt department, if I am getting contact in 6-6 months period with separate employe code each time with same department but by 2 types of agencies and my latest contract 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 contractual employees are also covered under the Maternity Benefit Act, 1961 which is a central legislation applicable in all establishments across the country. As per the provision of the Maternity Benefit Act, 1961, the maternity leave is awarded with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act even beyond the tenure of contractual employment. For any kind of dispute, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary denial of maternity leave for redressal of your grievance.
The contractual employees are also covered under the Maternity Benefit Act, 1961 which is a central legislation applicable in all establishments across the country. As per the provision of the Maternity Benefit Act, 1961, the maternity leave is awarded with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act even beyond the tenure of contractual employment. For any kind of dispute, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary denial of maternity leave for redressal of your grievance.
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A.Dear Client,
In India, maternity benefits and leave are governed by the Maternity Benefit Act, 1961. Under this act, a woman is entitled to maternity leave of up to 26 weeks for up to two children. This leave is applicable to both permanent and contractual employees, provided they meet the eligibility criteria outlined in the act. As a contractual employee, you may be eligible for maternity leave if you have worked for your employer for a specific period before taking maternity leave. The exact eligibility criteria can vary, so you should check the terms of your contract and the specific policies of your employer.
If your contractual employment is renewed with separate employee codes, it's important to determine whether the break in employment between contracts affects your eligibility for maternity leave. Some employers may consider the total duration of your employment with them, including multiple contract periods, when determining eligibility. If your latest contract has expired during your maternity leave period, it's crucial to understand the terms of your contract, including any provisions related to the renewal of the contract. Depending on your contract and the policies of your employer, they may or may not be obligated to offer you a new contract.
The Supreme Court recently held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity Benefits can travel beyond the confines of duration of contractual employment.
In India, maternity benefits and leave are governed by the Maternity Benefit Act, 1961. Under this act, a woman is entitled to maternity leave of up to 26 weeks for up to two children. This leave is applicable to both permanent and contractual employees, provided they meet the eligibility criteria outlined in the act. As a contractual employee, you may be eligible for maternity leave if you have worked for your employer for a specific period before taking maternity leave. The exact eligibility criteria can vary, so you should check the terms of your contract and the specific policies of your employer.
If your contractual employment is renewed with separate employee codes, it's important to determine whether the break in employment between contracts affects your eligibility for maternity leave. Some employers may consider the total duration of your employment with them, including multiple contract periods, when determining eligibility. If your latest contract has expired during your maternity leave period, it's crucial to understand the terms of your contract, including any provisions related to the renewal of the contract. Depending on your contract and the policies of your employer, they may or may not be obligated to offer you a new contract.
The Supreme Court recently held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity Benefits can travel beyond the confines of duration of contractual employment.
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