Contract Not Renewed Due to Pregnancy – What Are Her Legal Rights?

Hi,

My sister-in-law is working with a hospital on a contract basis and is 7 months pregnant. The hospital is not renewing her contract. Can anyone help me with the law on this one?

Dear Sharma,

You have not mentioned whether the employee is covered under ESI. Please upload the Contract Appointment Letter. How can we help without knowing the facts?

Hospital is entitled not to renew the contract after its expiry period. She will not be covered under ESI as the act is not applicable to hospitals in most states. If yes, she will get maternity benefits as per the provisions of the act.

Attaching contract for everyone's reference.

I understand the hospital can terminate a contract, but if the basis of termination is pregnancy, do you think that's legal? I thought we have laws to protect women from such discrimination.

Also, I'm not sure what ESI is. Can you shed more light on this?

Can someone also tell me if contractual employees are entitled to 26 weeks of maternity leave?

Dear Sharma,

The duration of the contract is for 1 year. Please refer to Clause No. 5 - Termination of Service, which is self-explanatory. Kindly upload the payslip to determine ESI applicability. Please let us know whether the ESI Act is applicable to the institution.

Thank you.

Hospitals in Kerala are covered under the Shops and Commercial Establishments Act. Therefore, ESI and EPF are applicable.

If covered under ESI, a woman employee can check her eligibility for maternity benefits by logging into the ESI Portal. Non-renewal or termination of the contract will not be an issue for claiming maternity benefits provided she is eligible for them.

Please let me know if you need any further assistance or clarification.

Hi,

The Act clearly states that the employee should be pregnant, whether she is married or not, to be eligible for maternity benefits. We are required to provide proof of pregnancy, not the source of pregnancy. If any employee becomes pregnant, she will be 100% eligible for all benefits under the Act. Personal circumstances are not considered in the Act.

Vijendra Sharma
9815119500