Maternity Benefits in Short-Term Contracts
This is a tricky question emerging from an even trickier situation! Certainly, the universal regard for motherhood and equality of employment rights for women would prevent one from raising certain preemptive questions regarding the admissibility of a claim for maternity benefits in such a short-duration FTC employment.
Though the project is only for a limited period of six months, the question of maternity benefits arises during the currency of the project only because the project owner is an establishment covered by the MB Act, 1961. Having been appointed and completed the minimum qualifying service for maternity benefits in the project, her entitlement to the benefit during the currency of her employment in the project cannot be questioned. However, how long it could be and whether it is coterminous with the expiry of the FTC are the pertinent questions.
In such a situation, my personal opinion is that the employer may, out of humanitarian considerations as well as compliance with the MB Act, 1961 in its letter and spirit, extend her contract for some more time accordingly. I solicit the opinion of other members.