Struggling to Get Maternity Benefits as a Contract Worker – What Can I Do?

I am working as a contract laborer at the National Institute of Naturopathy as a Junior Physician since March 2011. I was outsourced from Sigma Human Resources Company. I was pregnant and continued working in the institution until my due date. I applied for my maternity benefits, but I have not received any response from the Sigma office. They have never bothered to reply to me. Please assist me with this issue and kindly let me know what steps I need to take. I have now rejoined my duties since October 1st after taking a leave of 3 months and 1 week. I would appreciate it if I am entitled to maternity benefits from the government. The officers from Sigma claim that as a contract employee, I am not entitled to such benefits. Please help me in this matter. They have also implemented a new rule of making the contract for a year and renewing it each time. When I joined, they treated me as a new employee and did not provide me with CL benefits for those three months.

Thank you.

An employer is not bound to give you maternity benefits; it happens based on the internal policy of different employers. However, as per what you have mentioned, you are a contract laborer. Every service provider company falls under the CLR Act if they are registered under ESI and PF. Therefore, if you have an ESI number or ESI card, you can collect three months' salary from your ESI branch office by submitting Form-22.

Understanding Maternity Benefits for Contract Employees

Please download the Maternity Benefits Act, 1961, and study the provisions. You are entitled to 12 weeks of paid leave (salary for 84 days) and other benefits as applicable. If your salary is less than Rs. 15,000/-, you would be covered under the Employees State Insurance Act, 1948, and both your contractor as well as principal employers are legally bound to extend benefits if they have paid contributions to the ESI Corporation. The benefits could be claimed from the ESI Corporation.

If your contractor fails to provide benefits, you may raise this issue with your principal employer and claim the same. If they also refuse, you can file a complaint with the Labour Commissioner of your area. They would serve notice to the contractor and principal employer.

Regards,
P.N. Pathak, Sr. HR Manager
[Phone Number Removed For Privacy Reasons]

Maternity Benefits for Contract Employees

If you are covered under the ESI, then you are entitled to maternity benefits under the ESI scheme. If not, your contractor has to pay you under the Maternity Benefit Act. In case of denial, you can approach the Inspector under the Act.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

If you had worked under the employer for more than 90 days in the period of one year preceding your date of confinement, you will be eligible under the Maternity Benefit Act.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

It does not matter whether you are working on direct rolls or through a contractor. Under the circumstances stated by you, your employer is "Sigma," and they are bound to give you benefits under the provisions of the Maternity Benefit Act. Please make an application in the prescribed form (Refer to the Maternity Benefit Act) to the employer. If the employer refuses to pay, I suggest you approach the Factory Inspector / Shops & Establishment Inspector with a copy of the application.

Hope you will be able to convince your employer that the benefit you are seeking is your right and not a favor.

Regards,
Preetam Deshpande

This is my 2nd month of pregnancy, and doctors have advised me to be on bed rest for my 3rd month. I would like to know if I am eligible for Statutory Sick Pay as part of maternity benefits. Additionally, could you please inform me for how many days I can avail of this benefit and what the procedure is to apply for it under ESIC (Delhi)?

I would appreciate a prompt response.

Thank you.