Regarding Maternity Benefit [Thread 531118]

hello,i m a senior resident on adhoc basis in delhi government hospital , my tenure is of 44 days and renewed after break of one day. i m working in hospital frm 28 augest 2014 n my latest extension is till 7th of july 2015 .i m now 35weeks 3day pregnant my expected date f delivery is 29 th of july. am i eligible for the maternity benefit n leave,as i want leave from 1st of july..

If you worked for 80 days in the 12 month period before the expected date of delivery you are entitled to pregnancy benefit.
Benefit is equivalent to 12 weeks wages (of which not more than 6 weeks would be pre-delivery period). Benefit is equally available in cases of MTP.
Apart from this, you will be entitled to medical bonus also. Rs.3500/- (one time).
Please give a simple letter to the management that you are pregnant and the expected delivery date is ........
Trust this answers your query. All the best
A S Bhat

Prima facie, you are eligible if your service is for the minimum days 80 days during the preceding 12 months. I'm sure you are not covered under ESI Act. But I'm not sure what is your status of employment. If you are serving in Delhi Govt. hospital then you are a Delhi Govt.servant. Therefore First of all I should study your appointment order and other communications governing your service, then only I can give my views meaning fully on your query. Going by little information that you provided here it appears that there is a clandestine method to defy statutory benefits to you. This is evident that an 'one day break' is purposely inflicted to deny certain statutory benefits to you which are extendable to you in a normal course but for this unnatural breaks of one day. Its also appears you did have continuous extensions and almost completing one year of service by 27th August 2015 but for this one day break after every 44 days of service syndrome. You have a fit case of claiming remedy under 'unfair labour practices'. Pursue vigorously to claim your benefits legally available and to get set right anomalies.

Being Delhi Government servant, you are governed by FR SR. After having put in more than six months even on ad hoc basis or contractual basis, a female employee under r.43 is entitled to Maternity leave. See Ms Sonika Kohli v UOI decided by CAT, Chandigarh.
Thanks
Sushil

You are not eligible for benefits under the Maternity Benefit Act as the establishment you are working in is not covered under the Act .See section 2 of the Act .You will be eligible for benefits as per the service rules applicable to you as per the terms of your employment.
Varghese Mathew
08547139493

Hello Sushil,
The 80 days service....to the extent I know of.......will have to be CONTINUOUS--irrespective of the mode [contract, permanent, etc]. In her case there's a break of 1 day after every 44 days.
Pl correct me of wrong.
Rgds,
TS

Dear Tajsateesh,
Please refer to FR SR wherein the concept of 80 days continuous service is not applicable but r.43 applies. It has been interpreted by CAT in Ms.Sonika Kohli case that ad hoc or contractual female employees are entitled to Maternity Benefit like regular employees if they have been in service for six months which is qualified in the present case. This is despite break in service. In addition there should be less than two surviving children.
Thanks
Sushil

Hi all,
Additional question regarding maternity, if the person is on maternity leave is the company has to pay for her SSS benefits? I need an advise... Thank you.

1. Dear member,in the past in this citeHR, similar topics were discussed. For reference kindly see following online links:-
https://www.citehr.com/524668-matern...e-benifit.html
https://www.citehr.com/528640-matern...-employee.html
2. I hope, you will examine the above link and refer the issue, if still there is doubt on the issue.