Can consultant working on a retainer basis claim paid maternity leave?
27-Oct-2023 (In Labour & Service Law)
MY WIFE WORKS AS AN ATTENDING CONSULTANT IN A REPUTED HOSPITAL IN DELHI. SHE JOINED IN RETAINER MODE ( NOT EMPLOYEE MODE)THOUGH SHE IS NOT AN INDEPENDENT CONSULTANT. SHE IS IN THE 7TH MONTH OF HER PREGNANCY. BUT ACCORDING TO THEIR HR DEPARTMENT SHE IS NOT ELIGIBLE FOR THE PERKS OF AN EMPLOYEE- PROVIDENT FUND, MEDICAL INSURANCE, MATERNITY LEAVE, ETC. THEY ARE OFFERING HER UNPAID MATERNITY LEAVE. THERE IS NO MENTION OF ANY MATERNITY LEAVE POLICY IN THE OFFER LETTER. I WOULD LIKE TO KNOW WHETHER THERE IS ANY SCOPE OF HER GETTING PAID MATERNITY LEAVE.
Section 3(e) of the MB Act defines “woman” as a woman employed, whether directly or through any agency. While the clarification does not go into specifics on this aspect, it seems that given this definition, a woman engaged as an independent consultant would not have the benefit of the MB Act. Needless to mention, in the light of certain judicial pronouncements, exceptions involving certain types of consultant engagement may have to be examined.
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