Regarding maternity leave:
I am a doctor employed as a contractual employee in a private company for 2 years. I have given written notice to the company 45 days prior to availing of maternity benefits. But the company has not supported me in giving the leave.
1. According to the company's national policies, they have mentioned: "all female employees are entitled to avail 26 months paid maternity leave". But now the local HR team has presented to me with new set of rules for contractual employees, which is clearly different from the company's national policies wherein they are not ready to give me paid leaves for 6 months.
2. Secondly, my tenure gets renewed every year. My delivery is due in Last week of March and my contract gets over in 1st week of March. They have said I can't avail of maternity leave after my contract gets over. They are not ready to renew or extend. According to Law, my tenure cannot be terminated during my pregnancy, also if I get pregnant during the tenure, i am eligible to get maternity benefits for the extended period even after the completion of my tenure.
What should I do in such a case ?
From India, Lucknow
I am a doctor employed as a contractual employee in a private company for 2 years. I have given written notice to the company 45 days prior to availing of maternity benefits. But the company has not supported me in giving the leave.
1. According to the company's national policies, they have mentioned: "all female employees are entitled to avail 26 months paid maternity leave". But now the local HR team has presented to me with new set of rules for contractual employees, which is clearly different from the company's national policies wherein they are not ready to give me paid leaves for 6 months.
2. Secondly, my tenure gets renewed every year. My delivery is due in Last week of March and my contract gets over in 1st week of March. They have said I can't avail of maternity leave after my contract gets over. They are not ready to renew or extend. According to Law, my tenure cannot be terminated during my pregnancy, also if I get pregnant during the tenure, i am eligible to get maternity benefits for the extended period even after the completion of my tenure.
What should I do in such a case ?
From India, Lucknow
Maternity Benefit Act 1961 states that every woman employed in the establishment on completion of 80 days of service in the last year is entitled to maternity benefit. It makes no distinction as to whether the employee is on regular rolls or on contract appointment. As the maternity leave is to commence before the contract term expires, there is no doubt that you are entitled to the benefits provided under the Act.
From India, Mumbai
1422From India, Mumbai
Hello Annu Priya,
If you have worked for the employer for at least 80 days in the 12 months preceding the date of your expected delivery your employer have to pay the Maternity leave as per the maternity benefit act-1961
As per law- the fixed term or temporary employees are entitled to maternity leave benefits in the same way as permanent employees.
#In your case -you are entitled to take advantages of this Act.
If you have worked for the employer for at least 80 days in the 12 months preceding the date of your expected delivery your employer have to pay the Maternity leave as per the maternity benefit act-1961
As per law- the fixed term or temporary employees are entitled to maternity leave benefits in the same way as permanent employees.
#In your case -you are entitled to take advantages of this Act.
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf