Maternity Leave Denied: How Can I Navigate This as a Contracted Medical Officer?

I am an MBBS doctor working as a medical officer in the Ex-Servicemen Contributory Health Scheme in the Department of Defence on a yearly renewable contract. I want to avail myself of maternity benefit leave, but my clerical staff is declining the leave. What should I do?

It is your right to avail of maternity leave. The only condition is that you should have worked with that employer for more than 80 days in the preceding 12 months.

Notice for Maternity Leave

In a plain letter, you should give notice to your employer about 7 weeks before the expected date of delivery. If they refuse the maternity leave, you can approach the concerned Labour Commissioner.

Regards

Dear member, you have mentioned that you are working on a contract basis in the "Dept. of Defence". In my view, you may please firstly examine and ascertain from your employer the rules/regulations which are applicable in your case (i.e., the employees they engaged on a contract basis, or the employees working in said ex-servicemen health insurance scheme). I think there must be some mention in your terms and conditions of employment regarding claims of maternity or leaves of any kind, even though the service is on a yearly contract basis.

If there is no mention, you can see the provisions of the Maternity Benefit Act, 1961, and claim the maternity benefit under said Act if otherwise eligible. You can download the said Act from the website of the Ministry of Labour & Employment and the relevant rules framed thereunder.

Thanks for the replies, everyone. Today, I went to the district office (station headquarters). I was shown these letters on the computer screen, which I am posting here. Please give your valuable comments. What does it mean? Can I get leave without pay?

Regards,

This was also given to me as an explanation from headquarters. Should I apply for leave or not? Through which channel should I write an application for maternity leave?

Thank you.

Legal Provisions for Maternity Benefits in Contractual Agreements

Dear member, the note dated 17/9/2010, issued by the Ministry of Law & Justice, discusses the terms and conditions of the agreement between contractual staff. I hope you will also review the copy of the agreement you signed with your employer before commencing employment. If the right to maternity benefits has been denied in the terms and conditions of the agreement, are there any provisions for alternative benefits for the staff? Additionally, what legal reasons have been cited in the terms and conditions of employment for denying the right to maternity benefits?

Supreme Court Judgment on Maternity Benefits for Temporary Staff

For your information, I am enclosing a copy of the Honorable Supreme Court judgment in the Municipal Corporation of Delhi Muster Roll female employees' case decided in the year 2000. This judgment pertains to temporary staff listed on the muster roll by the Delhi MC.

Regards

In the contract proforma enclosed by you above, there is mention of "Consolidated (compensation)" (para 3). However, there is no reference relating to benefits under the Maternity Benefit Act, 1961. In this connection, I am enclosing copies of a judgment of the High Court, which I believe will be relevant in your case. You can also download other judgments mentioned in this judgment and study the same.

Further, ECHS organization has been established for over 10 years. During this time, there may have been cases of female employees on a contract basis who have claimed maternity benefits. In my opinion, you can inquire from other units of ECHS offices.

However, I would like to point out that in India, the compliance position of labor laws is very poor. The State itself discriminates in providing social security benefits to its female employees. Additionally, you can make further inquiries or obtain information through RTI, etc., and can also file a grievance through the proper channel if allowed as per the terms and conditions of your employment.

Regards

There is no provision for maternity leave for contract employees of ECHS. Even the number of days of casual leave is limited, typically to 7 or 10 days only. This limitation is obviously in place to ensure that staff can attend to elderly veteran ex-servicemen patients for the maximum number of days. The contractual agreement is clear on this matter, so it is advisable to carefully review your contract papers. Contracts are typically for one year at a time for employees. If needed, you may consider requesting unpaid leave.