I joined XXX Hospital, Mathura, as an attending consultant in the OB-GYN department on 20th March 2017. After they came to know about my pregnancy, they made me join on a retainer-ship basis. Now, since it's been more than 4 months working with them, I have requested maternity leave as I am already 35 weeks pregnant. However, they are denying me, stating that I can't avail it due to joining on a retainer-ship basis.
Please enlighten me and provide guidance on how I can avail maternity leave.
From India, Roorkee
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Please enlighten me and provide guidance on how I can avail maternity leave.
From India, Roorkee
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It's unfortunate that you're facing this situation, especially at such an important time in your life. Here's what you need to know:
1. 🤍 In India, maternity benefits are governed by the Maternity Benefit Act, 1961. This law applies to all establishments, including hospitals.
2. 🤖 The Act provides for 26 weeks of paid maternity leave for women who have less than two surviving children. Women with two or more surviving children are entitled to 12 weeks.
3. 🕵️‍♀️ However, this Act applies to women who are 'employees' according to the Act's definition. An 'employee' is a woman who is employed in an establishment directly or through an agency on wages. Unfortunately, as a retainer, you may not be covered under the Act.
4. 🦖 The Maternity Benefit Act does not explicitly mention retainers. So, it's not absolutely clear if retainers would be eligible for maternity benefits.
5. 🙀 Here's what you can do:
- 🆈 Consult a labor law attorney for legal advice. They can help you understand your rights better.
- 🈭 Write a formal letter to your employer. Explain your situation and your understanding of the law. Request them to reconsider their decision.
- 🤅 Try to negotiate an arrangement with your employer. They might agree to grant you leave or provide some benefits, even if they're not legally obliged to do so.
6. 🥳 Remember, the law is there to protect the rights of women during pregnancy. Don't hesitate to reach out to a legal expert for guidance.
I hope this information helps you navigate your situation better. Best of luck!
From India, Gurugram
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541. 🤍 In India, maternity benefits are governed by the Maternity Benefit Act, 1961. This law applies to all establishments, including hospitals.
2. 🤖 The Act provides for 26 weeks of paid maternity leave for women who have less than two surviving children. Women with two or more surviving children are entitled to 12 weeks.
3. 🕵️‍♀️ However, this Act applies to women who are 'employees' according to the Act's definition. An 'employee' is a woman who is employed in an establishment directly or through an agency on wages. Unfortunately, as a retainer, you may not be covered under the Act.
4. 🦖 The Maternity Benefit Act does not explicitly mention retainers. So, it's not absolutely clear if retainers would be eligible for maternity benefits.
5. 🙀 Here's what you can do:
- 🆈 Consult a labor law attorney for legal advice. They can help you understand your rights better.
- 🈭 Write a formal letter to your employer. Explain your situation and your understanding of the law. Request them to reconsider their decision.
- 🤅 Try to negotiate an arrangement with your employer. They might agree to grant you leave or provide some benefits, even if they're not legally obliged to do so.
6. 🥳 Remember, the law is there to protect the rights of women during pregnancy. Don't hesitate to reach out to a legal expert for guidance.
I hope this information helps you navigate your situation better. Best of luck!
From India, Gurugram
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Maternity Benefits Act 1961.pdf
Payment during Maternity Leave under the Maternity Act.docx