hello, friends and respected seniors,
I need urgent advice of urs,
i m a doctor and working in one of delhi govt hospitals on adhoc basis, my contract is of 89 days and is renewed after break of one day, i m working in hospital from 31st october 08 and twice my contract has been renewed d latest extention is till 26th july 09. i m pregnant and is my expected date of delivery is 25 july 09, am i eligible for d maternity benefit leave under d maternity benefit act 1961? (As my last working day is 26th july 09 according to current extention order) i want to avail maternity leave from 25th june 09( at this date i will be working for this hospital from approx. 8 months in d preceding 12 months), can it be possible? if i m eligible, how will it be materialised?
currently d administration is providing maternity paid leave to adhoc employee, only if she has her due date with in her extention period eg. currently a nurse delivered a baby while she had 2 months left in her current extention period, so they gave her 2 months paid leave, but now she will hv to join n work.
my case is worse as my due date is 25th july09 and my last working day is on 26th july09 so according to administration i wont be getting any leave, in such a case what shd i do, plz guide me, i need urgent help n guidance of urs. i will be much obliged.
thank u in anticipation
From India, Lucknow
I need urgent advice of urs,
i m a doctor and working in one of delhi govt hospitals on adhoc basis, my contract is of 89 days and is renewed after break of one day, i m working in hospital from 31st october 08 and twice my contract has been renewed d latest extention is till 26th july 09. i m pregnant and is my expected date of delivery is 25 july 09, am i eligible for d maternity benefit leave under d maternity benefit act 1961? (As my last working day is 26th july 09 according to current extention order) i want to avail maternity leave from 25th june 09( at this date i will be working for this hospital from approx. 8 months in d preceding 12 months), can it be possible? if i m eligible, how will it be materialised?
currently d administration is providing maternity paid leave to adhoc employee, only if she has her due date with in her extention period eg. currently a nurse delivered a baby while she had 2 months left in her current extention period, so they gave her 2 months paid leave, but now she will hv to join n work.
my case is worse as my due date is 25th july09 and my last working day is on 26th july09 so according to administration i wont be getting any leave, in such a case what shd i do, plz guide me, i need urgent help n guidance of urs. i will be much obliged.
thank u in anticipation
From India, Lucknow
dear
there is no doubt at all you are entitle for maternity benefits.thsi does not have any concern with expected date of delievery.yo can intimate them about your expected date of delivery and your planning to oriceed on leave in writing.
as per provisions of the act---no women shall be entitle to maternity bebefit unless she has actually worked in the establishment of the employerfrom whom she claims maternity benefit,for a period not less than eighty days in the tweleve months immediately preceding the date of her expected delievery.
so you have worked more than eighty days you are entitled for benefits.
tks
j s malik
From India, Delhi
167there is no doubt at all you are entitle for maternity benefits.thsi does not have any concern with expected date of delievery.yo can intimate them about your expected date of delivery and your planning to oriceed on leave in writing.
as per provisions of the act---no women shall be entitle to maternity bebefit unless she has actually worked in the establishment of the employerfrom whom she claims maternity benefit,for a period not less than eighty days in the tweleve months immediately preceding the date of her expected delievery.
so you have worked more than eighty days you are entitled for benefits.
tks
j s malik
From India, Delhi
thank u soooo much mr j.s. malik for ur kind reply to my querry,
i want to know whether i will be entitled for leave only for 1 month, that is from 25th june to 25th july, as 26th july 09 is my last working day, or i will also be entitled to 6 months paid leave as regular employees r, plz guide me, i will be very much thankful to u.
From India, Lucknow
i want to know whether i will be entitled for leave only for 1 month, that is from 25th june to 25th july, as 26th july 09 is my last working day, or i will also be entitled to 6 months paid leave as regular employees r, plz guide me, i will be very much thankful to u.
From India, Lucknow
dear
you should be entitle for full leave as regular employee.act does not diffrentiate adhoc and regular employee in case of maternity benefits.
even though daily wages earner of MCD are authorised for full benefits.
tks
j s malik
From India, Delhi
you should be entitle for full leave as regular employee.act does not diffrentiate adhoc and regular employee in case of maternity benefits.
even though daily wages earner of MCD are authorised for full benefits.
tks
j s malik
From India, Delhi
i m so thankful to u Mr. Malik, for ur help and guidance. u r really doing a gr8 job for all of us by extending ur help n knowledge to all of us. thank u once again. :icon1: .
From India, Lucknow
From India, Lucknow
here is what i cd get from website helplinelaw---
The Act extends to the whole of India and is applicable to:
However, the Act does not apply to any such factory/other establishment to which the provisions of the Employees’ State Insurance Act are applicable for the time being.
But, where the factory/establishment is governed under the Employees’ State Insurance Act, and the woman employee is not qualified to claim maternity benefit under section 50 of that Act, because her wages exceed Rs. 3,000 p.m. (or the amount so specified u/s 2(9) of the ESI Act), or for any other reason, then such woman employee is entitled to claim maternity benefit under this Act till she becomes qualified to claim maternity benefit under the E.S.I. Act.
From India, Lucknow
The Act extends to the whole of India and is applicable to:
- Every factory, mine or plantation (including those belonging to Government) and
- An establishment engaged in the exhibition of equestrian, acrobatic and other performances, irrespective of the number of employees, and
- To every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.
However, the Act does not apply to any such factory/other establishment to which the provisions of the Employees’ State Insurance Act are applicable for the time being.
But, where the factory/establishment is governed under the Employees’ State Insurance Act, and the woman employee is not qualified to claim maternity benefit under section 50 of that Act, because her wages exceed Rs. 3,000 p.m. (or the amount so specified u/s 2(9) of the ESI Act), or for any other reason, then such woman employee is entitled to claim maternity benefit under this Act till she becomes qualified to claim maternity benefit under the E.S.I. Act.
From India, Lucknow
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc