I am on contractual job and not getting maternity leave

634 votes

All female workers/ employee contractual, ad hoc, permanent or temporary are entitled for maternity leave. 1) Women contractual employees will also avail the benefit of six-month maternity leave like their regular counterparts.many states like Delhi , haryana have granted this benefit to its contractual employees

2) Honble Supreme Court in Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Another, 2000 SCC (L&S) 331 has held that as per the provisions of the Maternity Benefit Act, 1961, women engaged even on casual basis or on muster roll basis on daily wages are entitled to get the benefit of Maternity Leave at par with the regular employees.
The grant of various kinds of leave (including Maternity Leave) to employees of the Government of NCT is being regulated in accordance with the provisions laid down in the CCS (Leave) Rules, 1972.

7. Rule 43 of the CCS (Leave) Rules is extracted below:

43 Maternity Leave A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of [135 days] from the date of commencement. (180 days from 1.9.2008 See GID (5) below).

During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

NOTE.- In case of a person to whom the Employees State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

[(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government servant in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19:

Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.] (4) (a) Maternity leave may be combined with leave of any other kind.

(b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule(1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1) two years from 1.9.2008

Advocate Siddhant Sharma LawRato

856 votes

Please take note of following -
1. You can send them a legal notice asking for your sum which you could have received had you would have been granted maternity leave.
2. If they refuse to honour your legal notice then you can drag them before the Labour court.
Maternity leave is a statutory leave granted under Maternity Benefit Act and you are entitled to get the same no matter where you are working and in what capacity.

Advocate Pulkit Prakash LawRato

842 votes

You should write a representation to the hospital authorities regarding your grievances. If they do not respond you can file a writ petition before the Delhi High Court. However, you may file a writ petition in Delhi High Court seeking directions/other reliefs.

Advocate Mrinmoi Chatterjee LawRato

997 votes

If you have worked for 240 days in a contnious service /job irrespective of your contract renewal your contract cannot be terminated simply on applying for maternity leave. In case the company does so then you can file a case against the company in accordance with the law of land. Besides the above the clauses written in your contract appointment will also to be seen.

Advocate Vipin Kumar Malhotra LawRato