My wife is working under telangana govt as a contractual employee from last five years . Recently she gave birth of a baby boy and applied for maternity leave , but office denies to grant 6 month maternity leave by saying that there is no government order available so she is not eligible for maternity benifit act .
Now she is in home from last 5 month without leave approval.
So we want know what are the legal option we have if office denies maternity benifit to an women employee because she is a contractual employee.
Respected Sir,
Section 2(o) of the Maternity Benefit Act, 1961 evidently eliminates the apprehension as it defines “women” as a woman employed, whether directly or through any agency, for wages in any establishment. Thus, the definition of a woman under the Act extends the benefit to all women employees including those employed through an agency or on a contract basis. In wake of the recent amendment to the Maternity Benefit Act i.e. Maternity Benefit (Amendment) Act, 2016 several doubts had been raised by stakeholders and one among them was whether the Amendment Act extending maternity leave of 26 weeks was applicable to contractual or consultant women employees? Subsequently, the Ministry of Labour & Employment issued a clarification dated April 12, 2017, wherein it was stated that as there was no amendment to Section 2(o) of the Act of 1961, the Act is applicable to all women who are employed in any capacity, directly or through any agency i.e. contractual or consultant employment.
So Speak to the concerned authorities regarding the same in the office or else send a legal notice.
Regards,
Siddhartha Kundoo
