Navigating Maternity Benefits on Contract: What Are My Rights and Protections?

Hi, I joined PwC on a contract basis on 1/6/2016, and my employer is SISL. They provided me with an offer of acceptance letter, but it does not mention terms and conditions regarding the leave policy, notice period, maternity benefits, etc. They keep renewing their contract without informing me. Currently, my contract is valid until Dec '16. Now, I'm four months pregnant and due in Oct '16. The maternity policy for PwC is six months of paid leave; however, I am unaware of SISL's policy. My questions are as follows:

1. Am I eligible for maternity benefits if they have only provided me with an offer letter and not an appointment letter?
2. Can they terminate my contract during my leave of absence after Dec '16?
3. Whose leave policy will apply to me: my employer SISL or the principal employer PwC?
4. If they terminate me before my leave starts, will I still be eligible for benefits?
5. What legal obligations fall upon both employers in such a situation?

Thanks for your help.

1. Dear member, I think it would be better if you could clarify what PWC and SISL are. Are these public sector units or private organizations/factories?

2. Before joining your duties or even at present, you could have inquired from your employer about your eligibility and entitlement to benefits under various labor laws. I believe that without providing all the relevant facts, it is difficult for any member, like myself, to express an opinion on the matter.

Maternity Benefits and Employment Termination

Since June 1st has not yet come, I assume you joined on January 6th, 2016. You have worked for more than 80 days in the company; therefore, the Maternity Benefit Act applies. You will be eligible for 12 weeks of paid leave, out of which at least 6 weeks need to be taken after delivery. They cannot terminate you during pregnancy except for performance issues (specifically not connected to pregnancy—the law allows you to request easier work during pregnancy) or misconduct. Yes, they can terminate you after your pregnancy, provided the full maternity benefit has been claimed/paid.

The direct employer is liable to provide you with maternity benefits. However, if he does not provide them, the principal employer, PwC, is liable to do so. If you are covered under ESIC, then ESIC will pay the maternity benefits.

Eligibility for Maternity Benefits

If you qualify with six months of SSS contributions paid by your employer prior to the date of reporting maternity claims, then you are eligible. Ensure that your SSS contributions are intact.

Contract Termination During Leave

Yes, they can terminate your contract during your leave absence after December '16.

Applicable Leave Policy

Your employer's policy will apply. (Employer-Employee Policy)

Termination Before Leave Starts

Termination before the leave starts may depend on performance failure, while eligibility may vary based on your contributions.

Legal Obligations of Employers

The principal obligation falls on your employer only (as the service provider), and the employer's obligation falls on you only (as per the employer-employee policy).

Thanks for your help.

Yes, in the given facts, you are eligible for maternity benefits. The provisions in this regard are welfare measures and hence require to be construed liberally.

The government has extended maternity leave from 90 days to 180 days. The Department of Public Enterprises (DPE) has issued guidelines regarding this.

No, the government has not changed the Maternity Benefit Act. It is just that they have given extra benefits for the public sector voluntarily, beyond the requirements of the Maternity Benefit Act. DPE stands for the Department of Public Enterprises. Their circular does not apply to PWC, which is a private enterprise (CA firm).

Sir, the online link to the proposals in the Maternity Benefit Act, 1961, as published in the Economic Times, is mentioned below for the kind information of members of this forum:

[Women may get maternity leave for 26 weeks; Bandaru Dattatreya may table bill today - The Economic Times](http://economictimes.indiatimes.com/jobs/women-may-get-maternity-leave-for-26-weeks-bandaru-dattatreya-may-table-bill-today/articleshow/53607187.cms)

Understanding Maternity Benefits and Legal Obligations

Maternity benefits are a right for female employees guaranteed under the law and are not subject to any policy restrictions of any company. You are eligible for the maximum benefits prescribed under the law, whether you are a permanent or a temporary employee. They cannot terminate any employment contract during maternity leave. It is also illegal for them to terminate your contract during an ongoing pregnancy period. To be on the safe side, communicate with your company via email about your pregnancy and maternity leave.

If SISL does not provide you with maternity benefits as prescribed under the law, then PwC will be required to step in and absolve themselves from the liability created upon itself under the law of Tort.

Thank you,

A&B

If you have 80 days of attendance with your employer (SISL) within the period of 12 months just before your expected date of delivery, your employer is obliged to pay you maternity benefits. Please refer to section 5 of the maternity benefit policy. Currently, maternity benefit is for 24 weeks.