Hello All, I am in contractual job,but my duration of contract is not decided. am I able to take maternity for this job. Regards, Preeti
From India, Bangalore
Partner - Risk Management
Executive Human Resource At Emcure Pharmaceuticals
Hr Generalist With 8+ Years Exp. Good In
Sr. Exec
Kishor Telang
Manager ( Admin & Hr)
+2 Others

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Ms. preeti

as i understood your employment was an organised & covered under statutory norms

so you are eligible for Maternity Leave with wages

so there are 2 issues related to you

1. if u covered under ESIC (employee state insurance corporation-if ur gross salary below 15000) then you are eligible for Maternity Leave with wages & wages will be provided by ESIC and leave will be given by the employer means employment will be continued for the period of six weeks before the Delivery & six weeks after the Delivery. Total medical treatment will be given by the ESIC hospitals (If u dont want u can ask to refer to your known doctor or hospital otherwise.) to avail this benefit first u have to go to ESIC doctor they will check and give the conformation about your pregnancy. for this ESIC process u can contact with ur HR or else with me. ill help u.

2. if you are not covered ESIC then you are covered under the Maternity benefit act 1961 according to this act section 5 says that "Subject to the provisions of this Act,

every woman shall be entitled to, and her employer shall be liable for, the payment of

maternity benefit at the rate of the average daily wage for the period of her actual absence

immediately preceding and including the day of her delivery and for the six weeks

immediately following that day"

as per my understanding in any way ur eligible for the Maternity Leave with wages benefit. get that

if u have any other Private issue like your salary details,& barriers to avail this benefit you can contact me though my E-mail. Feel free to contact me

Note: i am not a consultant i just share my knowledge

Take care




From India, Hyderabad

with my previous reply i forgot to add this act attachment find the attachment of act & go thorough with this act MATERNITY BENEFIT ACT, 1961
From India, Hyderabad

Attached Files (Download Requires Membership)
File Type: pdf maternity_benefit_act_1961.pdf (133.9 KB, 247 views)


Mrs. Preeti,
you are eligible for maternity benefit and for maternity leaves. you claim that to your employer.
you can take leave for 12 Weeks (weeks before delivery and 6 weeks after delivery. )
daily salary will be:
(Basic salary+Dearness Allowance+ House rent allowance+ the money value of the concessional supply of foodgrains and other
articles+ Incentive Bonus)
Suhas Khambe

From India, Mumbai
Kishor Telang

Dear Members ,
In our NGO all are on conctractual employment of one year ( depending upon performance,we renew contract after one year) and eligible only for 10 days CL and 10 days SL only . We are not covered under ESIC .
One of our female employee who completed 8 months servise has applied for Maternity Leave. Is she eligible for Maternity leave?
Pl advise

From India, Pune

Dear Kishore,
Yes ! she eligible for Maternity leave, it done not make a difference Whether not covered under ESIC or not.
It a women right to take the same.Unless your contract has term , point , agreement or MOU with employee (female) in regards to such cases.
Secondly you have system of renewing contract base on performance, for other one year

From India, Mumbai

When you talk of contractual employee, what do you mean ?
Are they employed on temporary bais ?
Or are they working on a fixed term employment
Or are they working through a contract
Or is it that they are consultants ?
If they are consultants, maternity act will not apply
If they are on fixed term employment. They will only get paid leave for the remaining period of her fixed term.

From India, Mumbai

You are elilgible for maternity leave even of u are in contractual job. If your contract owner fails to give the leave Principal employer is liable for the above leave.

From India, Chennai

The question is if it is a fixed term contract, does the contract period automatically get extended to the end of the maternity leave ? I do not think that would be the case. It is not termination then, it is completion of the contract.

From India, Mumbai

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