Hello every one,
I need a suggestion/ help regarding maternity leave for contractual basis employee in central government hospital.
My wife who is now 10 weeks of pregnancy (1st pregnancy with Hypothyroidism) working as senior resident in 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 concerning department about the leave, but they denied as such rule cannot apply to her. And such type of leave depends upon granted by Head of Department. (e.g. No of Days of leave, time frame of leave)
1. How can she avail maternity leave?
2. For how many days she can avail this benefit?
3. Since when she can apply?
4. Is maternity leave right to women employee or not? Dose it require any one's permission to be get granted? Dose such type of leave varies from each organisation?
Due to lack of residents, she have to work every day without any leave. Dose that is permissible to work as per Labor Law. ( which is more than of 40 hrs/week)
1. Dose senior residents dose not counted as employee?
2. Is there any unified rules and regulations for senior residents?
( As there are number of cases where senior residents face problem with respect to working hours, work load, lack of working hand, maternity benefits, and many assigned leave which they are barred as compared to regular employees.These are common scenario where almost all senior residents face.)
Kindly advise/ suggestion regarding these matters.
From India, undefined
I need a suggestion/ help regarding maternity leave for contractual basis employee in central government hospital.
My wife who is now 10 weeks of pregnancy (1st pregnancy with Hypothyroidism) working as senior resident in 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 concerning department about the leave, but they denied as such rule cannot apply to her. And such type of leave depends upon granted by Head of Department. (e.g. No of Days of leave, time frame of leave)
1. How can she avail maternity leave?
2. For how many days she can avail this benefit?
3. Since when she can apply?
4. Is maternity leave right to women employee or not? Dose it require any one's permission to be get granted? Dose such type of leave varies from each organisation?
Due to lack of residents, she have to work every day without any leave. Dose that is permissible to work as per Labor Law. ( which is more than of 40 hrs/week)
1. Dose senior residents dose not counted as employee?
2. Is there any unified rules and regulations for senior residents?
( As there are number of cases where senior residents face problem with respect to working hours, work load, lack of working hand, maternity benefits, and many assigned leave which they are barred as compared to regular employees.These are common scenario where almost all senior residents face.)
Kindly advise/ suggestion regarding these matters.
From India, undefined
1. Sir, in the past on similar topic some discussionw were held in this citeHR, the online link of the same ( which also contains some references to the court decisions) is mentioned as follows:-
https://www.citehr.com/524668-matern...e-benifit.html
https://www.citehr.com/521552-matern...-download.html
https://www.citehr.com/496753-metern...-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, but in my opinion, in respect of contractual staff, it is also to be seen as to what are or were the conditions of such engagement/employment on contract basis. In my opinion, the service conditions of contractual employees are governed by the terms and conditions of such employment until and unless, the said terms and conditions are not in violation of any statutory provisions of any laws and rules framed thereunder.
From India, Noida
923https://www.citehr.com/524668-matern...e-benifit.html
https://www.citehr.com/521552-matern...-download.html
https://www.citehr.com/496753-metern...-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, but in my opinion, in respect of contractual staff, it is also to be seen as to what are or were the conditions of such engagement/employment on contract basis. In my opinion, the service conditions of contractual employees are governed by the terms and conditions of such employment until and unless, the said terms and conditions are not in violation of any statutory provisions of any 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
Maternity Leave Policy - posting.doc