Entitlement Of Maternity Leaves

bhardwaj_ch1
Organization has made leaves policy in which its mentioned that
trainees on roll and
employees on fixed term contract shall not be entitled for Maternity Leave, Advance
Earned Leave.
Is it as per maternity law? is leave policy appropriate?
kprasoon
All employees irrespective of their category are entitiled for maternity benefits under ESI Act and Maternity Benefits Act.
No organization can distinct employees for maternity benefits under ESI Act and Maternity Benefits Act.
Earned leave is applicable as per Shops and Establishment Act and Factory Act.
regards,
Kamal
malikjs
Dear Mr Bhardwaj
Kamal is absolutely right.individual can not be deprived of maternity leave on the casual,fixed term
employee.
k_shenbagarajan
Dear Bhardwaj,
No organisation can deny the maternity leave for a female employee.
Only when the female employees has not completed 80 working days in the organisation they can be denied for the maternity pay but not Maternity leave (Leave will be calculated as LOP).
More over Trainees / apprentices can be given maternity leave without pay/stipend and the period can be extended.
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