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Can a non permanent employee be entitled to maternity benefit
14-Mar-2023 (In Labour & Service Law)
My wife is working in govt hospital (municipal corporation hospital Mumbai)as a pediatrician since 3yrs. she is not permanent employee... is she eligible for maternity leave?
Yes you are entitled to Maternity Benefits. to support this kindly find a judgement passed
In the petition filed by Dr. (Smt.) Hemlata Saraswat, she was appointed on the post of Medical Officer on a consolidated salary in the Primary Health Centre, Kantalia, Sojat Road, Pali (Rajasthan) on the contract basis. She was on leave from 28.8.2005 and resumed the job on 11.1.2006 after delivering a boy child. She was not allowed to take maternity leave, against which she filed a writ petition in Rajasthan High Court. The High Court held that maternity benefit is a social and legal acknowledgement for a women and denial of such benefit on the basis that the employee is a contract worker is not legal; while also directing the employer to sanction her leave benefit.
In the petition filed by Dr. (Smt.) Hemlata Saraswat, she was appointed on the post of Medical Officer on a consolidated salary in the Primary Health Centre, Kantalia, Sojat Road, Pali (Rajasthan) on the contract basis. She was on leave from 28.8.2005 and resumed the job on 11.1.2006 after delivering a boy child. She was not allowed to take maternity leave, against which she filed a writ petition in Rajasthan High Court. The High Court held that maternity benefit is a social and legal acknowledgement for a women and denial of such benefit on the basis that the employee is a contract worker is not legal; while also directing the employer to sanction her leave benefit.
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Adv. Siddhant Sharma
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