Pregnant on a Contract: Can I Get Maternity Leave in a Government Job?

Hello everyone, I am working in an autonomous government organization on a contract basis. Initially, my contract was for two years, which was extended for one more year and is going to expire in August 2017. In my contract, it is stated that my leaves are on a pro-rata basis. I can avail of medical leave for 10 days, and if my medical condition is not okay or if I require more than 10 days, then I can return home on loss of pay.

Currently, I am pregnant and wish to apply for maternity leave (ideally with full pay). However, I have been told by everyone here that I am not eligible for maternity leave, either with pay or without pay.

Is this true in my case? Should I be entitled to maternity leave? If so, would it be with pay or not?

Please advise me on this matter.

Thank you.

Irrespective of the nature of your appointment, you are entitled to maternity leave since your service in the organization is more than the minimum qualifying service for maternity benefits under the Maternity Benefit Act, 1961. However, your maternity leave should not extend beyond the date of termination of your present contract period, if I remember correctly. Please verify your leave regulations.

Respected lady,

You are entitled to maternity leave as a normal facility available to any working woman. Please check if ESI coverage is in place, and if you are already an insured individual, then you can avail maternity leave and payments from ESIC. In other situations, the principal employer will be responsible for payment.

Regards,
RDS Yadav

Maternity Leave for Contractual Employees in Government Autonomous Organizations

In government autonomous organizations, benefits like maternity leave are typically provided to regular and permanent employees. Generally, such organizations reject claims from individuals engaged on a contract basis. However, I suggest that you initially claim maternity leave benefits from your contractor firm. If the contractor firm refuses to pay, you can submit an application or representation to the said autonomous organization.

There have been judgments from Hon'ble courts allowing maternity benefits to women employees working on a contract basis. On CiteHR, there are several separate threads where seniors have discussed such issues in detail. I hope you can find them on CiteHR. Here are online links to a few such threads for your information:

- https://www.citehr.com/528640-matern...-employee.html
- https://www.citehr.com/496753-metern...-download.html

Please let me know if you need any further assistance.

Regards, [Your Name]