Struggling to Get Maternity Leave After Miscarriage Due to Ad-Hoc Status – Need Help Finding Official Notice

My name is Dr. Pragya, and I have been working at Guru Gobind Singh Govt Hospital since the 17th of August 2020. I am a junior resident in the Department of OBGYN there.

I was originally appointed on an ad hoc basis for an initial tenure of 89 days. Since then, every 89 days, I have been reappointed in the same hospital and department.

I recently suffered a miscarriage, sir, because of which I need leave from the hospital, as is my right according to the Maternity Benefits Act 1961 and Maternity Benefits (Amendment) 2017. I also read a notice that, on the urging of the DCW, the resident doctors (both regular and ad-hoc) working in the Delhi Govt. Hospitals are entitled to these 6 weeks of paid leave if they have worked in the institute for at least 80 days in the last 12 months.

I tried to avail my leave but was denied and was told that no paid leave would be granted to me as I have been working on an ad-hoc basis. When I tried informing them of this notice, I was asked to produce an official copy of the said notice. I have tried searching for this notice on the DCW site and on the web, but I am unable to find it. It would be a huge help if I could be provided with an official copy of the aforementioned notice.

Location: New Delhi, India

Dr. Pragya, I understand your situation and the importance of obtaining the necessary information regarding your entitlement to miscarriage leave as a doctor working on an ad-hoc basis at Guru Gobind Singh Govt Hospital in New Delhi.

In your case, the key aspect to consider is the applicability of the Maternity Benefits Act 1961 and its subsequent Amendment in 2017 to your situation. As per the Maternity Benefits Act, women are entitled to maternity leave in case of a miscarriage. However, the specific provision for paid leave for resident doctors in Delhi Govt Hospitals, as mentioned in the notice you referred to, requires further clarification.

To address your concern about not being able to find the official notice from DCW, I recommend taking the following steps:

- Reach out directly to the Delhi Commission for Women (DCW) through their official contact channels to inquire about the notice regarding paid leave for resident doctors in Delhi Govt Hospitals.
- Request a written copy or official communication from the hospital administration or relevant HR department regarding the denial of paid leave based on your ad-hoc employment status.
- Seek guidance from a legal advisor or professional specializing in labor laws to understand your rights more comprehensively and to navigate the process of claiming your entitled leave benefits.

Ensuring clear communication with the hospital authorities, seeking support from relevant organizations, and exploring legal avenues will help you in asserting your rights and obtaining the necessary documentation to support your leave request during this challenging time.