Maternity leave for professionals

senior consultant

My friend is a doctor working as a senior consultant in a reputed private hospital for the last 21/2 years.She availed 3 months leave for delivery/confinement.On joining back for duty she was denied maternity leave emoluments stating that she is a professional and is paid professional fees and not a salary and hence not eligible for maternity leave emolument benefits.Please let me know how to seek redress and if my friend is eligible for mat leave pay as the other salaried employees?

Gero

 
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FIN

The management has approved leave but has denied payment of Maternity Benefits………….!!1

The management is pointing out that there is no Employer-Employee relationship.

You may go thru:

----Standing Orders of the Company, Contract issued by Company to Lady,  and its clauses on Maternity Benefits…………….

----Maternity Benefit Act 1961

1. Short title, extend and commencement; (b) in relation to other establishments in s State, by the State Government.

2. Application of Act. –

3. Definitions.

(o) “woman” means a woman employed, whether directly or through any agency, for

wages in any establishment.

The statue points its application in case of Employer-Employee relationship.

However you may go thru:

The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular woman employees to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."

 

 

---------United Nations adopted the "Convention on the Elimination of all

Forms of Discrimination against Women". Article 11 of the Convention provides as under:

"Article 11

1. States/parties shall take all appropriate measures to eliminate discrimination against women in the field of

employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) the

right to work as an inalienable right of all human beings:

 

(f) the right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

(c) to encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life

These are cited by and referred to in judgments by courts of Law e.g.

 Madras High Court, Tmt.K.Geetha vs The Director Of Municipal ... on 19 December, 2011, DATED: 19.12.2011

 

And

 

Madras High Court, L.Kannaki vs The Secretary To Government on 20 December, 2011

DATED: 20.12.2011

 

 

 

 

Look into the clause and identify the ‘Appropriate Government’ in case of the Lady and approach Inspector appointed under this Act.

Most probably it might be Labor Inspector. The local o/o Labor Commissioner can guide you.

 

They might advice the employer to make the payment.

 

Learned experts/members are requested to provide specific judgments if any available and advice.

 

 

 



Attached File : 506069668 maternity benefit act 1961.pdf downloaded 39 times
 
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