I am looking after a project that is of a total of 6 months, so I have appointed 9 female contract staff for that project. However, after 3 months of this project, one staff member is asking for maternity leave. Kindly suggest if she is eligible for maternity leave and for how many days.
From India, Jaipur
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From India, Jaipur
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This is a tricky question emerging out of a still more tricky situation indeed! Certainly, the universal regard for motherhood and equality of employment rights to women would prevent one from raising certain questions of preemptive nature relating to the admissibility of a claim for maternity benefit in such a short duration FTC employment.
Though the project is only for a limited period of six months, the question of maternity benefit arises during the currency of the project only because the project owner is an establishment covered by the MB Act, 1961. Having been appointed and completed the minimum qualifying service for maternity benefit in the project, her entitlement to the benefit during the currency of her employment in the project cannot be questioned. But, how long it could be and whether it is coterminous with the expiry of the FTC are the pertinent questions.
In such a situation, my personal opinion is that the employer may, out of humanitarian considerations as well as compliance with the MB Act, 1961 in its letter and spirit, extend her contract for some more time accordingly. I solicit the opinion of other members.
From India, Salem
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6185Though the project is only for a limited period of six months, the question of maternity benefit arises during the currency of the project only because the project owner is an establishment covered by the MB Act, 1961. Having been appointed and completed the minimum qualifying service for maternity benefit in the project, her entitlement to the benefit during the currency of her employment in the project cannot be questioned. But, how long it could be and whether it is coterminous with the expiry of the FTC are the pertinent questions.
In such a situation, my personal opinion is that the employer may, out of humanitarian considerations as well as compliance with the MB Act, 1961 in its letter and spirit, extend her contract for some more time accordingly. I solicit the opinion of other members.
From India, Salem
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf