Hello everyone,
I need a suggestion/help regarding maternity leave for a contractual basis employee in a central government hospital. My wife, who is now 10 weeks pregnant (1st pregnancy with Hypothyroidism), has been working as a senior resident in a central government institute in Bangalore since 2012. Her contract expires on 5th January 2016, and her expected date of delivery is on 2nd January 2016. We inquired from the concerning department about the leave, but they denied it, stating that such a rule cannot apply to her. They mentioned that this type of leave depends on being granted by the Head of Department (e.g., the number of days of leave, time frame of leave).
1. How can she avail maternity leave?
2. For how many days can she avail this benefit?
3. Since when can she apply?
4. Is maternity leave a right for women employees? Does it require anyone's permission to be granted? Does this type of leave vary from each organization?
Due to the lack of residents, she has to work every day without any leave. Is it permissible to work as per Labor Law, which is more than 40 hrs/week?
1. Are senior residents not counted as employees?
2. Are there any unified rules and regulations for senior residents? (As there are numerous cases where senior residents face problems with respect to working hours, workload, lack of working hands, maternity benefits, and many assigned leaves, which they are barred from compared to regular employees. These are common scenarios that almost all senior residents face.)
Kindly advise/suggest regarding these matters.
From India, undefined
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I need a suggestion/help regarding maternity leave for a contractual basis employee in a central government hospital. My wife, who is now 10 weeks pregnant (1st pregnancy with Hypothyroidism), has been working as a senior resident in a central government institute in Bangalore since 2012. Her contract expires on 5th January 2016, and her expected date of delivery is on 2nd January 2016. We inquired from the concerning department about the leave, but they denied it, stating that such a rule cannot apply to her. They mentioned that this type of leave depends on being granted by the Head of Department (e.g., the number of days of leave, time frame of leave).
1. How can she avail maternity leave?
2. For how many days can she avail this benefit?
3. Since when can she apply?
4. Is maternity leave a right for women employees? Does it require anyone's permission to be granted? Does this type of leave vary from each organization?
Due to the lack of residents, she has to work every day without any leave. Is it permissible to work as per Labor Law, which is more than 40 hrs/week?
1. Are senior residents not counted as employees?
2. Are there any unified rules and regulations for senior residents? (As there are numerous cases where senior residents face problems with respect to working hours, workload, lack of working hands, maternity benefits, and many assigned leaves, which they are barred from compared to regular employees. These are common scenarios that almost all senior residents face.)
Kindly advise/suggest regarding these matters.
From India, undefined
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1. Sir, in the past, on a similar topic, some discussions were held on this site, citeHR. The online links related to the same (which also contain references to court decisions) are mentioned below:
https://www.citehr.com/524668-matern...e-benefit.html
https://www.citehr.com/521552-matern...-download.html
https://www.citehr.com/496753-matern...-download.html
I hope you will go through the comments of the seniors/experts on the issue.
2. Though the provisions of the Maternity Benefit Act, 1961 are to be complied with by the employers, in my opinion, regarding contractual staff, it is also important to consider the conditions of such engagement/employment on a contract basis. The service conditions of contractual employees, in my opinion, are governed by the terms and conditions of their employment unless these terms and conditions violate any statutory provisions or laws and rules framed thereunder.
From India, Noida
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944https://www.citehr.com/524668-matern...e-benefit.html
https://www.citehr.com/521552-matern...-download.html
https://www.citehr.com/496753-matern...-download.html
I hope you will go through the comments of the seniors/experts on the issue.
2. Though the provisions of the Maternity Benefit Act, 1961 are to be complied with by the employers, in my opinion, regarding contractual staff, it is also important to consider the conditions of such engagement/employment on a contract basis. The service conditions of contractual employees, in my opinion, are governed by the terms and conditions of their employment unless these terms and conditions violate any statutory provisions or laws and rules framed thereunder.
From India, Noida
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Central-Governm ent- of-India-Holida y-List 2016-page-001.j pg