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bimal-sonia
Hello. I have been working in a hospital on contract basis since 15 the June 2018 which renews in 89 days. The contract ends on 6th June 2019. My EDD falls on 19th May 2019. Am I eligible for 26 weeks maternity leave? It will require extension of my tenure. Will my tenure be extended?
From India, New Delhi
umakanthan53
6016

Dear doctor,
Entitlement of statutory maternity benefit of a contract employee would be in operation up to the actual date of expiration of the contract only. It can not be a reason for the further extension of the tenure of the contract fixed earlier.
Coming to your case, it is discernible from your inputs, from 15-06-2018 to 06-06-2019, your total service comes to 356 days and it means that your contract of 89 days was already extended 3 times and on the EDD i.e., 19-05-2019, you are in the 3rd extended spell of your contract which ends on 06-06-2019.
Out of the total maternity benefit of 26 weeks' paid leave, you can avail of 8 weeks prior to the EDD and the remaining 18 weeks afterwards subject to the condition of the subsistence of the 3rd spell of the contract which expires on 06-06-2019. Therefore you can avail of the statutory maternity benefit upto 06-06-2019 only. I don't think that your employer will agree for a 4th extension so as to enable you to avail of the full benefit..

From India, Salem
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