Am I Eligible for Maternity Leave as an Ad-hoc Doctor in a Delhi Government Hospital?

Hello, friends and respected seniors,

I need urgent advice from you. I am a doctor working in one of the Delhi government hospitals on an ad-hoc basis. My contract is for 89 days and is renewed after a one-day break. I have been working in the hospital since October 31, 2008, and my contract has been renewed twice. The latest extension is until July 26, 2009. I am pregnant, and my expected delivery date is July 25, 2009. Am I eligible for maternity benefit leave under the Maternity Benefit Act 1961, considering my last working day is on July 26, 2009, as per the current extension order? I wish to avail maternity leave starting from June 25, 2009. By then, I would have worked for this hospital for approximately 8 months in the preceding 12 months. Is this possible? If I am eligible, how can I proceed with it?

Currently, the administration provides maternity paid leave to ad-hoc employees only if their due dates fall within the extension period. For example, a nurse recently gave birth with two months left in her current extension period, so she was granted two months of paid leave but is expected to return to work. In my case, my due date is July 25, 2009, and my last working day is July 26, 2009. According to the administration's policy, I may not receive any leave. In such a scenario, what should I do? Please guide me as I urgently need your help and advice. I would greatly appreciate your assistance.

Thank you in anticipation.

Dear,

There is no doubt at all that you are entitled to maternity benefits. This does not have any concern with the expected date of delivery. You can inform them about your expected date of delivery and your plan to proceed on leave in writing.

As per the provisions of the act, no woman shall be entitled to maternity benefit unless she has actually worked in the establishment of the employer from whom she claims maternity benefit for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

So, since you have worked more than eighty days, you are entitled to benefits.

Thank you,
J. S. Malik

Thank you so much, Mr. J.S. Malik, for your kind reply to my query. I want to know whether I will be entitled to leave only for 1 month, from 25th June to 25th July, as 26th July 09 is my last working day. Or will I also be entitled to 6 months of paid leave like regular employees? Please guide me. I would be very thankful to you.

Dear,

You should be entitled to full leave as a regular employee. The act does not differentiate between ad-hoc and regular employees in the case of maternity benefits. Even though daily wage earners of MCD are authorized for full benefits.

Thank you.
J.S. Malik

Here is what I could get from the website helplinelaw:

The Act extends to the whole of India and is applicable to:

- Every factory, mine, or plantation (including those belonging to the Government)
- An establishment engaged in the exhibition of equestrian, acrobatic, and other performances, irrespective of the number of employees
- Every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.

The State Government may extend the Act to any other establishment or class of establishments; industrial, commercial, agricultural, or otherwise.

However, the Act does not apply to any such factory or other establishment to which the provisions of the Employees' State Insurance Act are applicable for the time being.

But, where the factory/establishment is governed under the Employees' State Insurance Act, and the woman employee is not qualified to claim maternity benefit under section 50 of that Act because her wages exceed Rs. 3,000 per month (or the amount specified under section 2(9) of the ESI Act), or for any other reason, then such woman employee is entitled to claim maternity benefit under this Act until she becomes qualified to claim maternity benefit under the E.S.I. Act.