Can contractual employees of central govt avail maternity leave
In Labour & Service Law
Answers (2)
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
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Labour & Service Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.
Comments by Users
No Comments! Be the first one to comment.
Related Questions
- Eligiblity for 6 month maternity leave if I work in a private hospital
- Cancellation of approved maternity leave post the leave end date
- Employer reduced salary & work time during maternity without consent
- Procedure to apply for maternity benefits
- Company is asking me to resign in my 8th month of pregnancy
- If under contract employment, will I benefit under maternity law
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- Can contractual employees of central govt avail maternity leave
- Is it necessary to mention my marital status in government application
- Employer- Employee dispute & i went Absconding now got legal notice
- How to mail to HR for full and final settlement? (Letter Format)
- Got selected in govt. job. Joining process started. IPC case pennding.
- Is police complaint possible against a firm who is not paying salary?
- Facing mental harassment from boss at workplace.what action can i take
- Worked 85 days in LIC as temporary employee is SC judgement applicable
- will a govt employee be suspended if jailed for 48 hrs
- Can I apply for my father's job after his death
- Procedure for cancellation of PF & ESI registration by a company
- Regarding regularization of contractual employee in central government
- What is the minimum pay scale in private sector company?
- Illegal Termination and Salary Due Recovery