Maternity leave

Querist : Anonymous (Querist) 23 February 2023 This query is : Resolved
Good morning sir/ma'am
I am working as a consultant in a reputed hospital of Delhi. I have been hired on retainer ship for a tear, which is extendable every year on mutual basis. I told my hr am expecting and want to know the company policy for maternity leave. They flat out told me since am a professional, on retainer and not a full time employee of the organisation. M not entitled for maternity benefits and that i should resign. My offer letter also doesn't mention anything about this and states that m not entitled for any other leaves. I need clarity on whether this is right or should I try to get into litigation

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A consultant hired on a retainer basis in a Delhi hospital was told they are not entitled to maternity leave benefits as they are not a full-time employee. The consultant is seeking clarity on their rights, especially since their offer letter doesn't mention leave entitlements. The expert opinion suggests that if the hospital has ten or more employees and the consultant has worked for over eighty days, they might be covered under the Maternity Benefit Act.

Sudhir Kumar, Advocate (Expert) 23 February 2023
given facts indicate that you are neither direct employee nor employed through contractor.

kavksatyanarayana (Expert) 23 February 2023
I opine if your hospital with ten or more employees was subject to the Maternity Benefit Act, the benefits of maternity are available to all women who worked in an organization for more than eighty days.

Dr J C Vashista (Expert) 24 February 2023
I agree with the opinion and advise of expert Mr. Sudhir Kumar, you are not covered and seek benefit under the provisions of Maternity Benefits Act.

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