Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Educator, Management Consultant & Trainer

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Hello everyone, I am working in an autonomous government organization on contract basis. Initially my contract was for two years which extended for one more year and going to expire in August 2017.
In my contract, it has been written that my leaves are on pro-rata basis. I can avail medical leave for 10 days and if my medical condition is not ok or taking more than 10 days then I can return to my home at loss of pay.
Right now, I am pregnant and wanted to apply for maternity leave (if it si possible then with full pay). Here, everyone saying that I can not avail maternity leave either with pay or without pay.
Is it true in my case? Or I should get maternity leave? If I could avail maternity leave then with pay or not?
Please suggest me in this regard.

From India, Chandigarh
Irrespective of the nature of your appointment, you are entitled to maternity leave since your service in the organization is more than the minimum qualifying service for maternity benefits under the Maternity Benefit Act,1961. However, your maternity leave should not extend beyond the date of termination of your present contract period, if I remember correct. Pl, verify your leave regulations.
From India, Salem
Respected lady,
You are entitled to MB leave as a normal facility to any working woman.Check if ESI coverage is there and you are ALREADY existing INSURED person then you can get MB leave and payments from ESIC or in other situation the principal employer will pay.
RDS Yadav

From India, Delhi
Dear member, in Government autonomous organisations, benefits like maternity leave etc. are paid to the regular and permanent employees and generally such organisation reject such claims in respect of the persons engaged by them on contract basis. However, initially I feel that you are to claim the maternity leave benefit from your contractor firm and if the contractor firm refuses to pay the same, you can submit an application/representation to the said autonomous organisation. There are some judgments of Hon'ble courts vide which maternity benefit has been allowed to woman employees working on contract basis. In this citeHR, there are various separate threads in which the seniors have discussed such issues in details. I hope, you can search out the same in this cite. However, online link of some of such few threads is mentioned as follows for your kind information:

From India, Noida
Thank you everyone for your time, efforts and suggestions. I will try to get maternity leave forwarded..
From India, Chandigarh
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