Maternity Leave for Freelancers: Are They Eligible or Is It Just for Full-Time Employees?

The company I'm working with is based in Bengaluru. A freelancer we have worked with since May 23 has applied for maternity leave.

My question to my esteemed peers is whether she is eligible for the leave or if the benefit only applies to full-time permanent employees.

Hi,

By the term "freelancer," it implies that it is not a full-time employment and is purely on an assignment basis.

Freelancing and Maternity Leave

Freelancing is just a temporary work arrangement between the freelancer and the company, and hence, maternity leave will not be applicable to freelancers. However, it is up to the employer to consider it on humanitarian grounds.

Freelancers and Maternity Leave

The basic thing is that a freelancer will be working for others as well and is just like an independent contractor, not an employee. She will not follow office timings, leave policies, protocols, or adhere to other HR policies of the organization. Then for maternity leave alone, how can she approach the employer?

One can't be considered eligible if the names are not listed in the adult register, muster roll, or employee register of the company.

Determining Freelancer or Employee Status

The question is whether she is an actual freelancer or an employee. Is her name on the attendance register? Is there any record to show she is acting or being treated as an employee?

If she is, then she will end up being eligible for maternity benefits as the courts are likely to decide that she is an employee and not a freelancer. If she is a normal freelancer, then obviously, if she can't work, there is no question of getting paid. Maternity benefits apply to employees only.