I have appointed a lady on a Fixed Term Contract of one year from September 1, 2024, to August 31, 2025. The appointment letter clearly mentions: "Your appointment is for a period of one year from September 1, 2024, to August 31, 2025." This lady has now conceived, and her Estimated Due Date (EDD) is October 1, 2025. Under such a situation, is it lawful not to renew her contract after August 31, 2025? Please opine along with the provisions of the Maternity Benefit Act.
From India, Aurangabad
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2From India, Aurangabad
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According to the Maternity Benefit Act, it is unlawful to terminate the services of a female employee on the grounds of her pregnancy. The Act provides job protection to pregnant employees, and as per the law, the fixed-term contract should be extended to cover the maternity leave period. Therefore, it is not permissible to discontinue employment for a pregnant employee before or after the expiry of the fixed-term contract due to her pregnancy. It is essential to comply with the legal provisions and ensure that the employee's rights are safeguarded throughout her pregnancy and maternity period.
From India, Gurugram
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From India, Gurugram
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You have appointed a lady on a Fixed Term Contract for a period of one year from September 1, 2024, to August 31, 2025. She is not eligible to avail benefits under the Maternity Benefit Act. The renewal of the contract is at the prerogative of the management, and the service contract is set to expire on August 31, 2025, much prior to her Estimated Due Date (EDD), which is October 1, 2025. It is lawful if her contract is not renewed after ending on August 31, 2025.
But there is a twist :
The Apex Court has passed a judgement deciding the matter of Ms KAVITA YADAV VS SECRETARY, DELHI HEALTH DEPT::
Tat the Fixed Term Employees iare eligible for benefit under MB Act, (the Supreme Court has clarified that fixed-term employees are entitled to full maternity benefits, even if their contract ends before the leave period is completed) . You need to read the case to find out the space, which you can use for your case.
Therefore, theHR should always apply the common sense before taking people on contract job and do the agreement for lesser periods which cuts the eligible criteria and periodic performance. The pre medical test before the commencement of service.
You need to deal this matter very carefully.
From India, Mumbai
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But there is a twist :
The Apex Court has passed a judgement deciding the matter of Ms KAVITA YADAV VS SECRETARY, DELHI HEALTH DEPT::
Tat the Fixed Term Employees iare eligible for benefit under MB Act, (the Supreme Court has clarified that fixed-term employees are entitled to full maternity benefits, even if their contract ends before the leave period is completed) . You need to read the case to find out the space, which you can use for your case.
Therefore, theHR should always apply the common sense before taking people on contract job and do the agreement for lesser periods which cuts the eligible criteria and periodic performance. The pre medical test before the commencement of service.
You need to deal this matter very carefully.
From India, Mumbai
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You have appointed a lady on a Fixed Term Contract for a period of one year from September 1, 2024, to August 31, 2025. She is not eligible to avail benefits under the Maternity Benefit Act. The renewal of the contract is at the prerogative of the management, and the service contract is set to expire on August 31, 2025, much prior to her Estimated Due Date (EDD), which is October 1, 2025. It is lawful if her contract is not renewed after ending on August 31, 2025.
Apex Court Judgement on Maternity Benefits for Fixed Term Employees
The Apex Court has passed a judgment deciding the matter of Ms. KAVITA YADAV VS SECRETARY, DELHI HEALTH DEPT: The Fixed Term Employees are eligible for benefits under the Maternity Benefit Act. The Supreme Court has clarified that fixed-term employees are entitled to full maternity benefits, even if their contract ends before the leave period is completed. You need to read the case to find out the space, which you can use for your case. You need to deal with this matter very carefully.
Interpretation of the Maternity Benefit Act
The interpretation of Section 5(2) of the Maternity Benefit Act, 1961, specifies that a woman is not entitled to maternity benefit unless she has worked in an establishment for at least 80 days in the 12 months preceding the expected delivery date. Therefore, the HR should always apply common sense before taking people on contract jobs and make agreements for lesser periods, which cut the eligible criteria and periodic performance. A pre-medical test before the commencement of service is advisable.
Regards.
From India, Mumbai
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Apex Court Judgement on Maternity Benefits for Fixed Term Employees
The Apex Court has passed a judgment deciding the matter of Ms. KAVITA YADAV VS SECRETARY, DELHI HEALTH DEPT: The Fixed Term Employees are eligible for benefits under the Maternity Benefit Act. The Supreme Court has clarified that fixed-term employees are entitled to full maternity benefits, even if their contract ends before the leave period is completed. You need to read the case to find out the space, which you can use for your case. You need to deal with this matter very carefully.
Interpretation of the Maternity Benefit Act
The interpretation of Section 5(2) of the Maternity Benefit Act, 1961, specifies that a woman is not entitled to maternity benefit unless she has worked in an establishment for at least 80 days in the 12 months preceding the expected delivery date. Therefore, the HR should always apply common sense before taking people on contract jobs and make agreements for lesser periods, which cut the eligible criteria and periodic performance. A pre-medical test before the commencement of service is advisable.
Regards.
From India, Mumbai
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(Fact Checked)-Your reply is accurate. Fixed-term employees are entitled to maternity benefits as per the Supreme Court judgement in Kavita Yadav vs Secretary, Delhi Health Dept. Also, the Maternity Benefit Act, 1961, Section 5(2) is correctly interpreted. Good job! (1 Acknowledge point)
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She is entitled to the Maternity Benefit as per the settled law. Her contract is deemed to be extended corresponding to the Maternity Benefit period.
From India, Delhi
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From India, Delhi
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(Fact Checked)-Your response is correct. As per the Maternity Benefit Act, her contract extends for the maternity benefit period. (1 Acknowledge point)
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Section 5(3) will apply in the case of regular and fixed term contract employees also. In the case of Dr Kavita what was different was that she had already started her maternity leave and she was an employee availing maternity benefits. It is illegal to terminate a woman employee while she is receiving maternity benefits. It is also illegal to terminate an employee on the ground of pregnancy. Therefore, what is important is when she will start her leave.
Suppose that she applies for maternity leave now, informing that her expected date of delivery is 1st October, 2025, and she would be on maternity leave from August 6th, ie, 8 weeks preceding the expected date of deliver, then you will have to grant it and she would get the benefit of maternity benefits. Since the date of expiry of the contract is 31st August, she can very well demand her authorised leave, ie, maternity leave. Refusal will lead to complications but you will have to grant it. Once she starts her leave, then the provisions of section 5(3) will apply and she should be given the benefits for 26 weeks in total. You cannot even terminate the contract on 31st August. But if she is okay coming to the office till 31st August, then there will not exist any employee employer relationship between you and the employee from 1st September 2025 onwards. Since you have not terminated her for refusing maternity benefits the section 5(3) will not be applicable.
From India, Kannur
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Suppose that she applies for maternity leave now, informing that her expected date of delivery is 1st October, 2025, and she would be on maternity leave from August 6th, ie, 8 weeks preceding the expected date of deliver, then you will have to grant it and she would get the benefit of maternity benefits. Since the date of expiry of the contract is 31st August, she can very well demand her authorised leave, ie, maternity leave. Refusal will lead to complications but you will have to grant it. Once she starts her leave, then the provisions of section 5(3) will apply and she should be given the benefits for 26 weeks in total. You cannot even terminate the contract on 31st August. But if she is okay coming to the office till 31st August, then there will not exist any employee employer relationship between you and the employee from 1st September 2025 onwards. Since you have not terminated her for refusing maternity benefits the section 5(3) will not be applicable.
From India, Kannur
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(Fact Checked)-Your explanation is accurate. The Maternity Benefit Act, 1961 protects the rights of a woman during her pregnancy and provides her with financial aid. Good job! (1 Acknowledge point)
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Maternity law amendement.pdf
Prabhakarhr
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(Fact Checked)-Your response is correct. The Maternity Benefit Act doesn't apply if the contract ends before the EDD. Management can decide on contract renewal. (1 Acknowledge point)