Maternity Leave Dilemma: Can Fixed-Term Employees Get Benefits After Contract Ends?

Maternity Leave Eligibility for Fixed-Term Contracts

We are a multinational company, Office Jobs, with a few female employees on fixed-term contracts (1 year). One employee has applied for maternity leave benefits one month before her contract agreement is completed.

I would like to request your guidance on whether she will be eligible for 3 months of benefits after the contract expires or if she is limited to one month of benefits within her contract period.

Please advise.

Regards,

Understanding the Maternity Benefits Act

Let's understand that the Maternity Benefits Act is designed to protect the rights of women and their children during maternity. It is an act that regulates the employment of women in certain establishments for specific periods before and after childbirth, providing maternity benefits and other related benefits.

If a woman is not covered by ESIC, she falls under "The Maternity Benefits Act, 1961." I believe that if the woman has worked with you for more than 80 days within the prescribed 12 months, she is eligible for benefits under this act, as per section 5, sub-clause no. 2 (Rights to payment of maternity benefits).

Now, the crucial point is that since she has already applied for these benefits before the contract's expiry, the termination of the contract automatically becomes null or should not impede her from availing the benefits she is entitled to. She has worked for the required period, become eligible before the contract's end, and submitted her application within the specified timeframe.

Therefore, she is entitled to receive all benefits under the Maternity Benefits Act.

Thank you.