Harsh Kumar Mehta
Consultant In Labour Laws/hr
+1 Other

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i am a MBBS doctor working as a medical officer in ex servicemen contributory health scheme in dept of defence on contract ,renewable yearly. i want to avial maternity benefit leave.but my clerical staff is declining leave. what should i do?
From India, Patiala
Dear Madam,
It is your right to avail maternity leave. The only condition is that you should have worked with that employer, for more than 80 days in the preceding 12 months.
In a plain letter you give notice to your employer about 07 weeks before the expected date of delivery. If they refuse the maternity leave, you can approach the concerned Labour commissioner.

From India, New Delhi
1. Dear member, you have mentioned that you are working on contract basis: in "deptt. of defence". In my view, you may please firstly examine and ascertain from your employer the rules/regulations which are applicable in your case ( i.e. the employees they engaged on contract basis, or the employees working in said ex-servicemen health insurance scheme). I think, there must be some mention in your terms and conditions of employment regarding claims of maternity or leaves of any kind etc.even though the service is on yearly contract basis.
2. If there is no mention, you can see the provisions of the Maternity Benefit Act, 1961 and claim the maternity benefit under said Act, if otherwise eligible. You can download the said Act from the website of the Ministry of Labour & Employment and the relevant rules framed thereunder.

From India, Noida
thanks for replies,everyone. Today, I went to distt. office(station headquarters) .i was shown these letters on computer screen, which i am posting here.
please give your valuable comments.what does it mean. can i get leave without pay?

From India, Patiala

Attached Images
File Type: jpg New Doc 29_1.jpg (721.9 KB, 157 views)
File Type: jpg New Doc 28_1.jpg (490.9 KB, 48 views)

this was also given to me,as a explanation from headquarters. should i apply of leave or not. through which channel ,i should write application for maternity leave.
From India, Patiala

Attached Images
File Type: jpg New Doc 30_1.jpg (384.8 KB, 52 views)

1. Dear member, the note dated 17/9/2010, issued by Ministry of Law & Justice says about terms and conditions of agreement between Contractual staff. I hope, you will also see the copy of the agreement you have signed with your employer before entering into employment. If the right to maternity benefit has been denied in said terms and conditions of agreement, then whether there is any provision for any alternative benefits to the staff ? Or what type of legal reasons have been mentioned in said terms and conditions of employment denying right to maternity benefit ?
2. For your kind information, I am enclosing herewith a copy of Hon'ble Supreme Court judgment in the Municipal Corporation of Delhi Muster roll female employees decided in the year 2000. This judgment is regarding temporary staff kept on muster roll by Delhi MC.

From India, Noida

Attached Files
File Type: pdf MCD-vs_ Female Workers Supreme Court 8-3-2000.pdf (40.0 KB, 128 views)

sir ,i am sending the link of my contract performa which i have signed.
please give your opinion. thanks for helping.

From India, Patiala
1. Dear member, in the contract proforma as enclosed by you above, there is mention of "Consolidated (compensation" (para 3). But there is no reference relating to benefits under Maternity Benefit Act, 1961. In this connection, I am enclosing herewith copies of one judgments of High Court, which I think will be relevant in your case. You can also download other judgments mentioned in this judgment and study the same.

2. Further, I think, ECHS organisation has been established since more than 10 years earlier and during such long years, I think, there must be such cases of woman employees on contract basis, who may have claimed maternity benefit. In my opinion, you can search from other units of ECHS offices.

3. However, I may also submit that in India, the compliance position of labour laws is very poor. The State itself is discriminating for providing social security benefits to its woman employees. Further, I think, you can make further inquiries or obtain information through RTI etc. and can also make grievance through proper channel, if allowed as per your terms and conditions of employment.

From India, Noida

Attached Files
File Type: pdf Anita Hada case of 2008 Rajasthan High Court.pdf (226.7 KB, 95 views)

There is no provision for maternity leave for contract employees of ECHS.
Even number of days of C/L is also limited-some 7 or 10 days only.
Obviously this is done to have staff to attend elderly veteran ex servicemen patients for max number of days.
Contractual agreement is clear on this.
Kindly read your contract papers.
Contracts are for one year at a time for employees.
You can probably ask for unpaid leave.

From India, Pune
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