Is contractual employee eligible for maternity leave ?

907 votes

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.

Advocate Siddhant Sharma LawRato

514 votes

Maternity leave is a statutory leave made compulsory by the central government under Maternity Benefit Act. It you are employed with any of the organization be it private or public in any capacity, be it permanent, temporary or contractual you are entitled to get maternity benefits and leave irrespective of the fact that whether it is mentioned in the appointment letter or the employment letter.

Advocate Pulkit Prakash LawRato

670 votes

Your query is related to your profile where you are working and it's very difficult to give any advice without verified your job related papers or terms & conditions related for contractual employees of your organization , generally maternity leaves are provide to every govt. Female employees. For further and specific advice it is necessary to study your documents/byelaws of your organization.

Advocate Chandra Shekhar Mishra LawRato

866 votes

circular issued by Govt. dt.06/11/07 as per which female Govt. servants appointed on contract basis are entitled for maternity leave only for two months and beyond two months, they are entitled for grant of leave without pay for two & half months.

Advocate Prerna Jain LawRato