Hello every one,
I need a urgent suggestion/ help regarding maternity paid leave for fixed-term contractual employee in Private company.
I have joined this company on 7th May 2018 with 1 year contract agreement as Consultant (Manager), which is subject to renew before expiry (6th May 2019). The payment is consolidated after 10% TDS deduction and company mediclaim policy coverage & others facilities same as permanent employee.
Now I have applied for Maternity leave of 26 weeks from 18th March 19, (at 36th week of pregnancy-EDD-6th April 19) to 16th September, 19. But My contract will expired on 6th May 19. I had talk with SVP who told me he can approve the leave upto 6th May 19 after he could not show me in any long term project. So there is no hope for renewal of contract where I will not be present at the time of expiry of contract. I am waiting for the final decision from HR. If they are fixed to the point, I will get only 7 weeks maternity benefit but I will loose my job after contract and loose 19 weeks of maternity benefit too.
My queries are-
1. How can I avail full maternity leave? Is maternity leave (paid leave of 26 weeks) right to women employee/ fixed term contract employee or not?
2. What is my stand to claim the benefit or eligibility of claiming the benefit?
3. Non-renewal of FT contract can be considered as dismissal of contract? Dose it require to be renewed by the authority or it has to be renewed by the authority by law.
4. As per the Maternity Benefit Act, Labor Law or other GoI acts, what is my right?
5. If I will not get the full benefit what should be the next step to claim my rights?
Kindly advise/ suggestion regarding these matters ASAP.
From India, Secunderabad
I need a urgent suggestion/ help regarding maternity paid leave for fixed-term contractual employee in Private company.
I have joined this company on 7th May 2018 with 1 year contract agreement as Consultant (Manager), which is subject to renew before expiry (6th May 2019). The payment is consolidated after 10% TDS deduction and company mediclaim policy coverage & others facilities same as permanent employee.
Now I have applied for Maternity leave of 26 weeks from 18th March 19, (at 36th week of pregnancy-EDD-6th April 19) to 16th September, 19. But My contract will expired on 6th May 19. I had talk with SVP who told me he can approve the leave upto 6th May 19 after he could not show me in any long term project. So there is no hope for renewal of contract where I will not be present at the time of expiry of contract. I am waiting for the final decision from HR. If they are fixed to the point, I will get only 7 weeks maternity benefit but I will loose my job after contract and loose 19 weeks of maternity benefit too.
My queries are-
1. How can I avail full maternity leave? Is maternity leave (paid leave of 26 weeks) right to women employee/ fixed term contract employee or not?
2. What is my stand to claim the benefit or eligibility of claiming the benefit?
3. Non-renewal of FT contract can be considered as dismissal of contract? Dose it require to be renewed by the authority or it has to be renewed by the authority by law.
4. As per the Maternity Benefit Act, Labor Law or other GoI acts, what is my right?
5. If I will not get the full benefit what should be the next step to claim my rights?
Kindly advise/ suggestion regarding these matters ASAP.
From India, Secunderabad
Hi,
Please find reply to your queries as below :
1. How can I avail full maternity leave? Is maternity leave (paid leave of 26 weeks) right to women employee/ fixed term contract employee or not? - As per the recent judgement from Delhi High court the ML is applicable only till the last date of contract in case of contractual employment.
2. What is my stand to claim the benefit or eligibility of claiming the benefit? - Not eligible after completion of contract.
3. Non-renewal of FT contract can be considered as dismissal of contract? Dose it require to be renewed by the authority or it has to be renewed by the authority by law. - No it is not compulsory of renewal until and unless mentioned in your current contract.
4. As per the Maternity Benefit Act, Labor Law or other GoI acts, what is my right? - Your rights are of ML till the last day of your existing contract.
5. If I will not get the full benefit what should be the next step to claim my rights? - answer is available in above given details.
377Please find reply to your queries as below :
1. How can I avail full maternity leave? Is maternity leave (paid leave of 26 weeks) right to women employee/ fixed term contract employee or not? - As per the recent judgement from Delhi High court the ML is applicable only till the last date of contract in case of contractual employment.
2. What is my stand to claim the benefit or eligibility of claiming the benefit? - Not eligible after completion of contract.
3. Non-renewal of FT contract can be considered as dismissal of contract? Dose it require to be renewed by the authority or it has to be renewed by the authority by law. - No it is not compulsory of renewal until and unless mentioned in your current contract.
4. As per the Maternity Benefit Act, Labor Law or other GoI acts, what is my right? - Your rights are of ML till the last day of your existing contract.
5. If I will not get the full benefit what should be the next step to claim my rights? - answer is available in above given details.
Important Case Law of High Court Delhi under Maternity Benefit (Amendment) Act 2017.......
Artiben R Thakkar (Dr.)....Petitioner
Vs.
Delhi Pharmaceutical Sciences and Research University & Anr......Respondent
A challenge is from petitioner employee to the action of respondent declining maternity leave for 26 weeks on the ground that petitiiner's employment ended on 15th May which was extended to 30th June. The Court held that : (1) Full maternity leave if 26 weeks in terms of amended Act could not be extended to Petitiiner because her contractual period ended. (2) As a special case, her contractual period was extended till end of academic session. Neither there is precendent nor justification to extend such benefit to contractual employee. (3) Respondent can not be called upon to extend contractual period to ensure that Petitioner avails full maternity leave. (4) Benefits attached to a service come to an end once the term is complete.
Hon'ble Court also observed that it is elementary rule of service jurisprudence that benefits attached to service comes to an end upon completion of the tenure hence there is no substance in the petition and therefore it is dismissed.
Artiben R Thakkar (Dr.)....Petitioner
Vs.
Delhi Pharmaceutical Sciences and Research University & Anr......Respondent
A challenge is from petitioner employee to the action of respondent declining maternity leave for 26 weeks on the ground that petitiiner's employment ended on 15th May which was extended to 30th June. The Court held that : (1) Full maternity leave if 26 weeks in terms of amended Act could not be extended to Petitiiner because her contractual period ended. (2) As a special case, her contractual period was extended till end of academic session. Neither there is precendent nor justification to extend such benefit to contractual employee. (3) Respondent can not be called upon to extend contractual period to ensure that Petitioner avails full maternity leave. (4) Benefits attached to a service come to an end once the term is complete.
Hon'ble Court also observed that it is elementary rule of service jurisprudence that benefits attached to service comes to an end upon completion of the tenure hence there is no substance in the petition and therefore it is dismissed.
Whether the person is on fixed term or permanent basis,she is employed women and eligible for MB subject to fulfilment of other conditions of the Act.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Manoj Sir, Kindly share the soft copy of the judgement on the above thread - Cite Hr fraternity academic Interest. Regards,
From India, Andheri
From India, Andheri
For more information, You can contact our payroll department... https://www.prolifichr.com/manpower-payroll-outsourcing
From India, Bengaluru
From India, Bengaluru
Neither I wish to hurt anyone's feelings nor am against the entitlement of any benefits. What I observed from the presentation of post that is it well planned attempt to claim the maternity benefit. The EDD is 6th April, 2019 just 1 month before the expiry of contract.
Now a days we find cases that some women join the organisations, who are aware that they are pregnant but doesn't disclose at the time of joining and then start inquiring about their benefits, rights etc., who have not put even 6 months of service.
Now from our routine life how many of us considering to provide some benefit to our maid servants who are availing maximum 2 to 3 months leave for their delivery depending upon their financial conditions. Some poor women start working after 2 months also because they are worried about their families bread and butter. The answer is >95% NO.
We are giving birth to our children for our own need and not for society. Therefore we should pray to God for safe delivery and healthy child, rest of the things are secondary in life.
Please excuse me if anyone's feelings are hurt of my post.
Earlier employers were comfortable with 12 weeks ML. Govt. should have amended ML 13 weeks with pay and 13 weeks authorised leave without pay to look after the child's health.
Regards,
Suresh
From India, Thane
Now a days we find cases that some women join the organisations, who are aware that they are pregnant but doesn't disclose at the time of joining and then start inquiring about their benefits, rights etc., who have not put even 6 months of service.
Now from our routine life how many of us considering to provide some benefit to our maid servants who are availing maximum 2 to 3 months leave for their delivery depending upon their financial conditions. Some poor women start working after 2 months also because they are worried about their families bread and butter. The answer is >95% NO.
We are giving birth to our children for our own need and not for society. Therefore we should pray to God for safe delivery and healthy child, rest of the things are secondary in life.
Please excuse me if anyone's feelings are hurt of my post.
Earlier employers were comfortable with 12 weeks ML. Govt. should have amended ML 13 weeks with pay and 13 weeks authorised leave without pay to look after the child's health.
Regards,
Suresh
From India, Thane
Hi Suresh,
What I understood from your comment you are little disturbed with Maternity benefits of women. From the post it is clearly understandable that the lady come to know about her pregnancy after joining (simple mathematical calculation tells the truth) so it was not well planned. Each and every women in this country have the same right. She has a strong right to fight against it as the employer is still utilizing her efficiency and she is still performing. Act is straight forward in many cases with proper justification. Now the question is if the employer is recruiting anyone in place of this lady or continuing the project she was in then she should file a case against the employer and the person who is taking this step because of her pregnancy. Private organizations are very cunning should be treated strongly. Thanks Suresh to show your interest to understand the mentality against the same.
From India, Champapet
What I understood from your comment you are little disturbed with Maternity benefits of women. From the post it is clearly understandable that the lady come to know about her pregnancy after joining (simple mathematical calculation tells the truth) so it was not well planned. Each and every women in this country have the same right. She has a strong right to fight against it as the employer is still utilizing her efficiency and she is still performing. Act is straight forward in many cases with proper justification. Now the question is if the employer is recruiting anyone in place of this lady or continuing the project she was in then she should file a case against the employer and the person who is taking this step because of her pregnancy. Private organizations are very cunning should be treated strongly. Thanks Suresh to show your interest to understand the mentality against the same.
From India, Champapet
Hi Manoj,
Here u refer a case I think which is not perfectly matches with her case because she is working on project (short term/long term) and her contract is not based on class session like Artiben R Thakkar (Dr.) case.
I have another reference. pl go through the link.
https://www.livelaw.in/temprorary-ad...at-read-order/
CAT observed that it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as a regular employee but request for maternity leave stood on a different footing.
Regards
Dr. Ganguly
From India, Champapet
Here u refer a case I think which is not perfectly matches with her case because she is working on project (short term/long term) and her contract is not based on class session like Artiben R Thakkar (Dr.) case.
I have another reference. pl go through the link.
https://www.livelaw.in/temprorary-ad...at-read-order/
CAT observed that it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as a regular employee but request for maternity leave stood on a different footing.
Regards
Dr. Ganguly
From India, Champapet
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf