harsha.matadhikari Started The Discussion:
My wife works as a contract Tutor for MBBS students from past two years in Bangalore Medical College, Bangalore. It is a college run by Karnataka State Government and affiliated to Rajiv Gandhi University of Health Sciences.
I wanted to know if she can avail maternity leave post delivery. As she had enquired in the office, they told that she has to take leave on loss of pay. But I am skeptical as I think Maternity Benefits Act applys to contract employees as well. Please help me by providing proper details of labour law and whom to contact if we have to fight to get the leave.
Thanks and Regards,
By contract employees under the Maternity Benefit Act (like any other Labour enactments) means employees engaged not directly but through a contractor. But in this case, your spouse has been employed on a fixed term contract, say three years. In such circumstances they have equal status in respect of all benefits.
However, the establishment where your spouse is working being an institution run or aided or controlled by the government other than a factory, plantation, mine or shop, the application of the provisions of Maternity Benefit Act will have to be clarified with service rules. If the service rules (Karnataka Service Rules)states that fixed term contract employees are not eligible for maternity benefits, then there is no other choice.
But, on the other hand, if Maternity Benefits Act, 1961, is the law applicable to employees of medical colleges then your spouse will also be eligible for maternity benefits under the Act provided she had worked at least for 80 days during the last 12 months immediately preceding the date of delivery.
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