Dear all,
Here is a case that I found typical to address. I request all of you to provide a solution for it.
The petitioner was appointed on a contract basis for three years. She became pregnant and was absent for 106 days. When she applied for maternity leave, she was directed to hand over charge, and her absence was treated as leave without pay. Maternity benefits were denied to her as per the terms of her contractual employment. The petitioner was informed that until she handed over the charge, her absence would be considered leave without allowance, and she was instructed to return the office mobile and any other assets. Since her maternity leave application was not approved, the petitioner issued a legal notice to request the sanction of maternity leave and the extension of legitimate benefits. She gave birth to twins.
The respondent terminated the petitioner's service contract by invoking the terms and conditions of her appointment letter. The petitioner filed a writ petition to challenge the communications from the respondent terminating the contract, treating the absence period as leave without allowances, and to request the sanction of maternity leave, payment of allowances for the maternity leave period, and other consequential benefits. The petitioner also sought permission to resume duty after the maternity leave or as per medical advice. In response, the respondent contested the demands, stating that the petitioner accepted the offer and is bound by the contract terms, which do not include maternity leave benefits. The respondent justified the issuance of the office order due to the petitioner's frequent absences on health grounds.
The respondent argued that the petitioner's role as Manager (Finance) was critical and could not remain vacant, affecting the work. The petitioner was given one month's notice before her service was terminated. The respondent also claimed that they were not notified under the Maternity Benefits Act, 1961. The court ruled that as per the Act, a woman is prohibited from working in the six weeks following delivery, miscarriage, or termination of pregnancy. The woman is entitled to benefits as per the Act's provisions. Despite the appointment terms not explicitly granting maternity leave, the respondent is obligated to provide those benefits in line with the Act and the Directive Principles of State Policy in Article 42 of the Indian Constitution.
The petitioner, having 17 days of credit but being absent for 106 days, had the excess treated as leave without allowance. The court found the petitioner entitled to all benefits during maternity leave and for one month after, including costs and counsel fees of Rs.5,000. Payment to the petitioner was ordered within one month. The petition was partially disposed of accordingly.
From India, Bangalore
Acknowledge(0)
Amend(0)
Here is a case that I found typical to address. I request all of you to provide a solution for it.
The petitioner was appointed on a contract basis for three years. She became pregnant and was absent for 106 days. When she applied for maternity leave, she was directed to hand over charge, and her absence was treated as leave without pay. Maternity benefits were denied to her as per the terms of her contractual employment. The petitioner was informed that until she handed over the charge, her absence would be considered leave without allowance, and she was instructed to return the office mobile and any other assets. Since her maternity leave application was not approved, the petitioner issued a legal notice to request the sanction of maternity leave and the extension of legitimate benefits. She gave birth to twins.
The respondent terminated the petitioner's service contract by invoking the terms and conditions of her appointment letter. The petitioner filed a writ petition to challenge the communications from the respondent terminating the contract, treating the absence period as leave without allowances, and to request the sanction of maternity leave, payment of allowances for the maternity leave period, and other consequential benefits. The petitioner also sought permission to resume duty after the maternity leave or as per medical advice. In response, the respondent contested the demands, stating that the petitioner accepted the offer and is bound by the contract terms, which do not include maternity leave benefits. The respondent justified the issuance of the office order due to the petitioner's frequent absences on health grounds.
The respondent argued that the petitioner's role as Manager (Finance) was critical and could not remain vacant, affecting the work. The petitioner was given one month's notice before her service was terminated. The respondent also claimed that they were not notified under the Maternity Benefits Act, 1961. The court ruled that as per the Act, a woman is prohibited from working in the six weeks following delivery, miscarriage, or termination of pregnancy. The woman is entitled to benefits as per the Act's provisions. Despite the appointment terms not explicitly granting maternity leave, the respondent is obligated to provide those benefits in line with the Act and the Directive Principles of State Policy in Article 42 of the Indian Constitution.
The petitioner, having 17 days of credit but being absent for 106 days, had the excess treated as leave without allowance. The court found the petitioner entitled to all benefits during maternity leave and for one month after, including costs and counsel fees of Rs.5,000. Payment to the petitioner was ordered within one month. The petition was partially disposed of accordingly.
From India, Bangalore
Acknowledge(0)Amend(0)
Definitions:
In this Act, unless the context otherwise requires:
- "employer" means:
- in relation to an establishment under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees, or where no person or authority is appointed, the head of the department;
- in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees, or where no person is appointed, the chief executive officer of the local authority;
- in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
- "establishment" means:
- a factory;
- a mine;
- a plantation;
- an establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
- a shop or establishment;
- an establishment to which the provisions of this Act have been declared under subsection (1) of section 2 to be applicable;
- "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
- "Inspector" means an Inspector appointed under section 14;
- "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the Medical Termination of Pregnancy Act, 1971;
- "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);
- "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);
- "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);
- "prescribed" means prescribed by rules made under this Act;
- "State Government," in relation to a Union territory, means the Administrator thereof;
- "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
From India, Chennai
Acknowledge(0)Amend(0)
46In this Act, unless the context otherwise requires:
- "employer" means:
- in relation to an establishment under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees, or where no person or authority is appointed, the head of the department;
- in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees, or where no person is appointed, the chief executive officer of the local authority;
- in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
- "establishment" means:
- a factory;
- a mine;
- a plantation;
- an establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
- a shop or establishment;
- an establishment to which the provisions of this Act have been declared under subsection (1) of section 2 to be applicable;
- "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
- "Inspector" means an Inspector appointed under section 14;
- "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the Medical Termination of Pregnancy Act, 1971;
- "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);
- "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);
- "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);
- "prescribed" means prescribed by rules made under this Act;
- "State Government," in relation to a Union territory, means the Administrator thereof;
- "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
From India, Chennai
Acknowledge(0)Amend(0)
Dear Eswar,
Thank you for your interest in the case. However, I did not find any solution to it other than understanding the definition of a woman. Please help me solve the case.
With Regards,
PraveenKumar Keskar
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you for your interest in the case. However, I did not find any solution to it other than understanding the definition of a woman. Please help me solve the case.
With Regards,
PraveenKumar Keskar
From India, Bangalore
Acknowledge(0)Amend(0)
There is no solution If you have a women emoloyee, they are eligible for maternity benefits Else just don’t employ married woman
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
The Maternity Benefit Act is a social welfare legislation. Even if such terms are not incorporated in the appointment letter, it shall still be applicable to eligible women employees. Any agreement or contract of service that is against the law of the land is void ab initio. Therefore, the employer cannot escape from their liability to provide benefits to employees, even in the absence of such terms in the appointment letter.
The Act does not differentiate between permanent employees and contractual employees in terms of benefits and applicability.
However, you did not mention in your post whether the individual has completed the eligibility criteria of 82 days of continuous service in your organization.
From India, Delhi
Acknowledge(0)Amend(0)
The Act does not differentiate between permanent employees and contractual employees in terms of benefits and applicability.
However, you did not mention in your post whether the individual has completed the eligibility criteria of 82 days of continuous service in your organization.
From India, Delhi
Acknowledge(0)Amend(0)
Hi,
Can anyone help me with this query: In which time period can a contractual woman avail the benefit of maternity leave? How many days later can she avail maternity leave after joining?
Thanks with best regards,
Jyoti Bhutt
From India, Bangalore
Acknowledge(0)Amend(0)
Can anyone help me with this query: In which time period can a contractual woman avail the benefit of maternity leave? How many days later can she avail maternity leave after joining?
Thanks with best regards,
Jyoti Bhutt
From India, Bangalore
Acknowledge(0)Amend(0)
if she complete 80 days of continous service in an establishment, she will be eligible for Maternity Benefit.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Yeah, whether it is permanent or a contract employee, she has right to claim her maternity benefits...........
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Essaykkar,
I am adding a little bit to your point regarding the criteria for eligibility for availing maternity benefits. Women must have contributed a minimum of 70 days in the preceding year to qualify.
Maternity Benefit is payable to an Insured Woman under the following conditions, subject to contributory requirements:
- Confinement: payable for a period of 12 weeks (84 days) upon submission of Form 21 and 23.
- Miscarriage or Medical Termination of Pregnancy (MTP): payable for 6 weeks (42 days) from the date following miscarriage based on Form 20 and 23.
- Sickness arising from Pregnancy, Confinement, or Premature birth: payable for a period not exceeding one month with Forms 8, 10, and 9.
- In case of the death of the Insured Woman during confinement, leaving behind a child, Maternity Benefit is payable to her nominee upon submission of Form 24 (B).
The rate of maternity benefit is 100% of the average daily wages.
Regards,
Vedha
From India, Chennai
Acknowledge(0)Amend(0)
I am adding a little bit to your point regarding the criteria for eligibility for availing maternity benefits. Women must have contributed a minimum of 70 days in the preceding year to qualify.
Maternity Benefit is payable to an Insured Woman under the following conditions, subject to contributory requirements:
- Confinement: payable for a period of 12 weeks (84 days) upon submission of Form 21 and 23.
- Miscarriage or Medical Termination of Pregnancy (MTP): payable for 6 weeks (42 days) from the date following miscarriage based on Form 20 and 23.
- Sickness arising from Pregnancy, Confinement, or Premature birth: payable for a period not exceeding one month with Forms 8, 10, and 9.
- In case of the death of the Insured Woman during confinement, leaving behind a child, Maternity Benefit is payable to her nominee upon submission of Form 24 (B).
The rate of maternity benefit is 100% of the average daily wages.
Regards,
Vedha
From India, Chennai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.