Leave Policy Compliance: Is Denying Maternity Leave to Trainees and Contract Workers Legal?

Leave Policy Compliance Inquiry

Our organization has implemented a leave policy stating that trainees on the roll and employees on fixed-term contracts shall not be entitled to Maternity Leave or Advance Earned Leave. Is this policy compliant with maternity laws? Is the leave policy appropriate?

All employees, irrespective of their category, are entitled to maternity benefits under the ESI Act and Maternity Benefits Act. No organization can distinguish between employees for maternity benefits under the ESI Act and Maternity Benefits Act. Earned leave is applicable as per the Shops and Establishment Act and Factory Act.

Regards,
Kamal

An individual cannot be deprived of maternity leave as a casual or fixed-term employee.

Thank you.

No organization can deny maternity leave to a female employee. Only when the female employee has not completed 80 working days in the organization can they be denied maternity pay, but not maternity leave (leave will be calculated as LOP).

Moreover, trainees/apprentices can be given maternity leave without pay/stipend, and the period can be extended.

Regards,
Bhardwaj