Facing Maternity Leave Denial as a Contractual Doctor: What Are My Options?

Regarding maternity leave:

I am a doctor employed as a contractual employee in a private company for 2 years. I have given written notice to the company 45 days prior to availing of maternity benefits. However, the company has not supported me in taking the leave.

According to the company's national policies, they have stated: "All female employees are entitled to avail 26 weeks of paid maternity leave." But now the local HR team has presented me with a new set of rules for contractual employees, which is clearly different from the company's national policies. They are not willing to grant me paid leave for 6 months.

Secondly, my tenure is renewed every year. My delivery is due in the last week of March, and my contract ends in the 1st week of March. They have informed me that I cannot take maternity leave after my contract expires. They are unwilling to renew or extend my contract. According to the law, my tenure cannot be terminated during my pregnancy. Also, if I become pregnant during my tenure, I am eligible to receive maternity benefits for the extended period even after my tenure ends.

What should I do in such a case?

The Maternity Benefit Act of 1961 states that every woman employed in an establishment, upon completing 80 days of service in the last year, is entitled to maternity benefits. The Act does not differentiate between employees on regular rolls or those on contract appointments. Since maternity leave is to begin before the contract term ends, there is no question that you are eligible for the benefits provided by the Act.

Hello Annu Priya, if you have worked for the employer for at least 80 days in the 12 months preceding the date of your expected delivery, your employer has to pay the maternity leave as per the Maternity Benefit Act-1961.

According to the law, fixed-term or temporary employees are entitled to maternity leave benefits in the same way as permanent employees. In your case, you are entitled to take advantage of this Act.