Harsh Kumar Mehta
Consultant In Labour Laws/hr
Apex Management
Labour Laws Consultants
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
+5 Others

PRIME SPONSOR - FACTOHR - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
Hi,
A pregnant lady doctor is working on adhoc basis (every 89 days it gets extended) in a Delhi Govt. hospital. What are the maternity benefits she can avail i.e Will she be eligible to have 180 days maternity leave after delivery? She has been working in the same hospital for the last two years but on adhoc basis. Under which law she can avail such leave, so that she can quote the same in the Admin. of the Hospital.
Thanks
CLM Reddy
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Dear Member,

You have mentioned that the Lady Doctor is working in Delhi Govt. Hospital. Therefore, in my opinion, it will be more appropriate to ascertain following aspects before expressing of any opinion:-

1. What are the terms and conditions of employment of said Lady Doctor engaged on adhoc basis. Whether, there is any mention of provisions of Maternity Benefits under service conditions as applicable to such employees engaged by Delhi Govt.

2. Further, it can be ascertained that what are the terms and conditions of providing maternity benefits to the regular lady doctors of said Delhi Govt. Hospital.

It is further submitted that as per provisions of the Maternity Benefits Act, 1961, the maximum period of entitlement for maternity benefit is 12 weeks of which not more than 6 weeks shall precede the date of expected delivery -Section 5(3). In addition, there is also provision of maternity leave for extra period of one month due to illness arising out of pregnancy -Section 10.

3. I think, the Govt. cannot discriminate regarding providing of maternity benefit to the said medical doctor merely on the plea that she is engaged on adhoc basis. In my opinion, it will be more appropriate that the said lady doctor may discuss the matter with the concerned officer dealing with the sanction of such leaves in here establishment.
Mathew Sahib, The member who initiated this thread has already mentioned as "Delhi Govt. Hospital"
Dear all



It is once again politely submitted that whatsoever clarification is sought in these columns, be given according to the applicable provisions and not whatever is applicable in their respective establishments or factories. Generally, such quotes confuse a lot to new HR persons who are just taking over the responsibilities and cross over embarrassing situations when they only refer what is practically going on and do not know or refer the provisions of law.

As far as this thread is concerned, the Act is very much clear and according to the provisions of the Maternity Benefits 1961, the lady doctor is entitled for the payment of Maternity benefits i.e. minimum leaves for 84 days in the light of following provisions:-

Application of Act.- 5*[(1) It applies, in the first instance,-- (a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of preceding twelve months.

5.(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery.

In case of denial of payment by the employer on any pretext, the lady doctor can raise her claim as laid down under section 6 of the Act.

P K Sharma
Dear All,
I second Mr. P.K. Sharma's approach to address issues raised in this forum.
First of all the related regulations should be explained and later the specific issue at hand can be dealt with.
Best Regards to all fellow HR professionals.
Sanjeev Agraj
9545507701
A govt hospital is not covered by Maternity Benefit Act nor ESI Act,Because it is not an establishment under sec 2 of the Act by any stretch of interpretation.She is governed by rules applicable to respective Govt service rules.

9961266966
Dear friends,

It's my strong view that a pregnant woman cannot be denied on the pretext of an establishment is not covered by the Act or status & terms and conditions of employment etc., apparently a wrong interpretation.



In addition to Sec.5 of the Act quoted by Mr.PKSharma Sec.6 also add to the clarity on the applicability and entitlement under the Act.

"Section 6 in The Maternity Benefit Act, 1961:

6. Notice of claim for maternity benefit and payment thereof.—

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. tc "6. Notice of claim for maternity benefit and payment thereof.—(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit."

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery. tc "(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery."

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. tc "(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery."

18 [(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.] tc "3[(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]"

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child. tc "(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child."

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. tc "(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order."

------

To corroborate my stand, I think we should be guided by the Judgment of the Hon'ble Supreme Court in the MUNICIPAL CORPORATION OF DELHI (RESPONDENT) Vs.FEMALE WORKERS (MUSTER ROLL) AND AMR.Dt.8/3/2000 extract of relevant portion is as follows (which more or less parallel to the query) :

"..... These principles which are contained in Article 11, reproduced above, have to be read into the contract of service between Municipal Corporation of Delhi and the women employees (muster roll); and so read these employees immediately become entitled to all the benefits conceived under the Maternity Benefit Act, 1961. We conclude our discussion by providing that the direction issued by the Industrial Tribunal shall be complied with by the Municipal Corporation of Delhi by approaching the State Government as also the Central Government for issuing necessary Notification under the Proviso to Sub-section (1) of Section 2 of the Maternity Benefit Act, 1961, if it has not already been issued. In the meantime, the benefits under the Act shall be provided to the women (muster roll) employees of the Corporation who have been working with them on daily wages.These principles which are contained in Article 11, reproduced above, have to be read into the contract of service between Municipal Corporation of Delhi and the women employees (muster roll); and so read these employees immediately become entitled to all the benefits conceived under the Maternity Benefit Act, 1961. We conclude our discussion by providing that the direction issued by the Industrial Tribunal shall be complied with by the Municipal Corporation of Delhi by approaching the State Government as also the Central Government for issuing necessary Notification under the Proviso to Sub-section (1) of Section 2 of the Maternity Benefit Act, 1961, if it has not already been issued. In the meantime, the benefits under the Act shall be provided to the women (muster roll) employees of the Corporation who have been working with them on daily wages." (not the verbatim)

(Pl.see the case law in the attachment)

Therefore the Doctor by all means should be entitled to maternity benefits under the Act irrespective of the 'adhocism' of her employment or her terms of employment which cannot overrule an Act of Parliament.

Attached Files
Membership is required for download. Create An Account First
File Type: docx SC Judgment-Maternity benefit to woman on MusterRoll.docx (27.2 KB, 128 views)

Sir(s),

1. I am very much thankful to the Apex Management and others for advising in the words "It is once again politely submitted that whatsoever clarification is sought in these columns, be given according to the applicable provisions and not whatever is applicable in their respective establishments or factories. Generally, such quotes confuse a lot to new HR persons who are just taking over the responsibilities and cross over embarrassing situations when they only refer what is practically going on and do not know or refer the provisions of law. "

2. In this connection, I may submit that perhaps in the offices of Delhi Government, the Central Civil Services Rules have been adopted and accordingly, I am doubtful if the provisions of the Maternity Benefit Act, 1961 are applicable in such cases. Section 26 of the Maternity Benefit Act, 1961 empowers the appropriate government to exempt any establishment from the purview of this Act and Section 27 of the said Act allows application of other rules if the same are favourable to the woman employee.

3. The person who initiated this thread has not clearly mentioned as to what are the rules/service conditions which are applicable to adhoc employees in Delhi Govt. Hospital in which she is working. The said person has written about "180 days maternity leave", which is otherwise also not provided in the Maternity Benefit Act. The Central Civil Services (Leave) Rules, also allows maternity leaves to woman employees upto 135 days in case of pregnancy & 45 days in case of miscarriage or abortion (Rule 43).

4. Further similar type of topic was earlier also discussed in this HRcite some years ago, the citation of which is mentioned as below.

maternity benefit for adhoc employee in delhi govt hospital.

attribution https://www.citehr.com/162274-matern...#ixzz34gInUm6V

5. In view of above, I am of the opinion, that while expressing the views we must also see as to what type of service conditions and rules/regulations governing the services of said employee are applicable in his case. There is no utility in repeating the provisions of The Maternity Benefit Act, 1961 or ESI Act, 1948, which are otherwise not applicable in the case as cited by the initiator of this thread. Therefore, I had correctly expressed my views in this thread vide my remarks dated 12/06/2014. I will like to be corrected by seniors or experts, if my views are wrong in any way.
Sir(s),
I have found another old discussion on similar subject in this CiteHR, the citation of which is mentioned as floows:-
The Maternity Benefits Act - Civil Service
Submitted for information and consideration please.
Hi,
I am working in an IT/ITSM company in Pune since 4 years. i will be going on maternity leave. i have asked my HR manager about payable and benefits during my leave. she verbly inform me that you will get basic of your salary for 84 days after joining of you maternity leave. please advise my company is doing correct as i came to know that full salary is payable to pregnant employee on monthly basis as per Maternity benefit act. is there maternity benefit act is diffirent for IT/ITSM companies. she is not given reply to my questions in written.
Looking for expert advise.
Thanks
Sarita
PRIME SPONSOR - TALENTEDGE "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses

Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™