Maternity Benefits Act: Do Ad-Hoc Employees Qualify for Maternity Leave?

The Maternity Benefits Act, 1961 states that "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 eighty days in the twelve months immediately preceding the date of her expected delivery."

What about a lady working on an ad-hoc basis with an appointment of 180 days, will she get the benefits of this Act.

Dear,

Yes, please ensure that this Act is applicable to the unit where she is working. According to the definition of "woman," it means a woman employed, whether directly or through any agency, for wages in any establishment. This shows that an ad-hoc woman employee will also be entitled to this benefit.

Opinion submitted as requested.

Regards,

R.N.Khola

(Labour Law & Legal Consultants)
09810405361

Hi,

I have a question. A woman has joined our company last week. She declared that she's 5 weeks pregnant today. Can she be terminated on the grounds of falsifying information?

- Smita

Dear Smita,

I would like to ask you one question: have you asked her before joining whether she is pregnant? Why have you asked for a declaration today, which you are not supposed to do? You cannot terminate somebody because she is pregnant.

Thank you,
J. S. Malik

Hello, respected Mr. R. N. Khola,

I need urgent advice from you. I am a doctor working at one of the Delhi government hospitals on an ad-hoc basis. My contract is for 89 days and is renewed after a break of one day. I have been working in the hospital since 31st October 2008, and my contract has been renewed twice. The latest extension is until 26th July 2009.

I am pregnant, and my expected delivery date is 25th July 2009. Am I eligible for maternity benefit leave under the Maternity Benefit Act 1961? My last working day, according to the current extension order, is on 26th July 2009. I wish to avail maternity leave starting from 25th June 2009 (by this date, I will have worked for this hospital for approximately 8 months in the preceding 12 months). Is this possible? If I am eligible, how can I materialize it?

Currently, the administration provides maternity paid leave to ad-hoc employees only if their due date falls within the extension period. For example, a nurse recently delivered a baby with two months left in her current extension period, and she was granted two months of paid leave, after which she is required to return to work. In my case, my due date is 25th July 2009, and my last working day is 26th July 2009. According to the administration, I would not receive any leave. In such a scenario, what should I do? Please guide me as I urgently need your help and guidance. I would be very grateful.

Thank you in anticipation.

Dear Madam,

First of all, we need to examine whether The M B Act, 1961 is applicable to Government hospitals. Section 2 of this Act states that it applies to establishments belonging to the Government. However, based on the definition of the establishment, it appears that your Government hospital is not covered under this Act unless a notification is issued by the Government. Therefore, you are only eligible to receive any benefits under the CSR if applicable or through administrative instructions issued by the department for such appointments. Please determine if the staff nurse has availed the benefits under this Act, and if the answer is yes, I will provide my opinion accordingly.

Opinion submitted as requested.

Regards,

R.N. Khola

(Labour Law & Legal Consultants)

09810405361

I have seen the memorandum of Swasthya Sachivalaya Delhi, which states that maternity benefits will be provided to the contractual employees as per the Maternity Benefit Act.

R/Madam,

As Mr.Malik has said on your another query that this M B Act, 1961 does not differentiate any regular or ad-hoc employee in granting benefit but at the same time it is clarified that the total benefit under this Act is for only 84 days if applicable out of which 42 days before the date of expected date of delivery & 42 days after the date of delivery. As you have written that regular employees are getting six months maternity leaves then it shows that these leaves are given under civil service rules or by the administrative instructions of the department & not by virtue of this Act. To be on safer side you may approach the nearest Delhi Govt. Labour Office for seeking this clarification on the subject. Now both the situations are before you. I don't have the instructions of the Govt. / department. As I have already written the department may have given instructions for such type of time bound appointments.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

I have taken opinions from various sources.

I may not be eligible for a 6-month leave, but I am certainly eligible for maternity benefits as provided by the Maternity Benefit Act of 1961, with amendments made in 1989.

Thank you again for giving your valuable time.

Dear Madam,

The ESI wage limit is now Rs. ten thousand. I also have the MB Act with me, and I have gone through the applicability chapter. Subsequently, I have provided my advice accordingly. Upon visiting the office of the Labour Department, please pay attention to the instructions provided by the department.

Regards,
R.N. Khola

(Labour Law & Legal Consultants)
09810405361

Hi Mr. Khola, I wanted to ask you if I am eligible for maternity benefits. I joined this company in October 2009, and in November 2009, I was pregnant. I was appointed as a consultant and was taken on the payroll from April 2010. Hence, I was working as a permanent employee with all the benefits for April, May, and June. However, I worked until the last day of my delivery and then was on a 3-month maternity break. Before joining this company in 2009, I was on a 1.5-year break. My company says I am not eligible because I haven't worked for 180 days as I was a consultant until April 2010. Kindly let me know if this stands true.

Eligibility for Maternity Benefits Under the Maternity Benefit Act, 1961

Please inform the company that the eligibility condition is only 80 actual working days, not 180. Therefore, refer to section 5(2) of the latest Maternity Benefit Act, 1961 to make an informed decision on the matter.

Regards,
R.N. Khola

Hi Mr. Khola, I wanted to ask if I am eligible for maternity benefits. I joined this company in October 2009, and in November 2009, I became pregnant. I was initially appointed as a consultant and then put on the payroll from April 2010, working as a permanent employee with full benefits for April, May, and June. I worked until the day before my delivery and then took a 3-month maternity break. Prior to joining this company in 2009, I had a 1.5-year break. The company claims I am ineligible as I did not work for 180 days due to my consultant status until April 2010. Could you please clarify if this is correct?

Thank you.