snigdha shubhangi
Can any organisation deny giving Maternity benefits to any female full-time consultant?
From India, Kolkata
Madhu.T.K
4239

Who is a consultant? Is she coming to your office regularly? Does she follow your HR protocols regarding leaves, reporting, codes of conduct, working hours etc? Does she mark her attendance in the muster rolls every day? Then she is an employee and if your establishment is covered by Maternity Benefits Act, she should be given the benefits provided she qualifies for it.

A factory or mine is covered by the Act without reference to the number of employees but a shop or commercial establishment will come under the purview of the Act when it employs 10 persons. And a woman employee who has worked for 80 days in 12 months preceding the date of (or expected date of) delivery should be given maternity benefits

From India, Kannur
monudhiman
1

Dear Sir,
No any organisation deny for giving maternity benefit to any female.

For more reference please looks the late-test decision of height court Shimla judgement in reference of maternity leave/benefit.

Regards

From India, Yamunanagar
Madhu.T.K
4239

An organisation can refuse maternity benefits if she does not qualify for the benefits. I have explained how an employee qualifies to maternity benefits.

There are a lot of judgments, which one you are referring to? Can you send us the citation?

From India, Kannur
Pocket HRMS
8

No, an organization cannot deny giving maternity benefits to a female full-time consultant. The Maternity Benefit Act, 1961, mandates that all establishments with 10 or more employees must provide maternity benefits to their female employees. These benefits include paid leave, medical allowance, and creches.

The Act defines a female employee as "any woman who is employed in any establishment for wages or salary". This includes full-time consultants. Therefore, all full-time consultants are entitled to maternity benefits, regardless of their contract type.

If an organization denies maternity benefits to a female full-time consultant, they may be liable to pay damages. The amount of damages will depend on the specific circumstances of the case.

In addition to the Maternity Benefit Act, there are also a number of state-level laws that provide maternity benefits to female employees. These laws may provide for more generous benefits than the Maternity Benefit Act.

It is important for female full-time consultants to be aware of their rights under the law. If they are denied maternity benefits, they should contact an employment lawyer to discuss their options.

From India, Dombivali
monudhiman
1

Every Female And Male Employee Whether Appointed On Regular Basis, Contractual Basis, Ad Hoc Basis, Have Fundamental Right To Maternity And Paternity Leave: Himachal Pradesh HC..
From India, Yamunanagar
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