1. #1
    Unregistered

    Can an employee working on contract basis get a maternity leave?

    We have 50 employees working on contract basis and there are 2 women who are pregnant and will be eligible for maternity leave in near future. As they are in contract, can we give them maternity leave and provide all the facilities as provided to permanent employees. Please suggest.

  2. #2
    Ashok Array
    Join Date
    Jul 2012
    Posts
    2,293

    Re: Can an employee working on contract basis get a maternity leave?

    Dear Sir,

    Of course, it must be granted because the maternity leave given to the permanent employee is a leave which is given to women only.

    The employee who is working on contract basis & if she is a women ,she too needs maternity leave in order to take care of herself as well for her child.

    The main difference between contract employee & permanent falls mainly on the amount of salary.

    Of couse there are another many points of difference also.The provision of sanctioning maternity leave to the women who are working on contract basis can be made by terms & conditions of the contract for service.

    There is nothing wrong in it.

    It comes under fundamental rights.

    Thanks.

  3. #3
    looser Array
    Join Date
    Jul 2012
    Posts
    619

    Re: Can an employee working on contract basis get a maternity leave?

    Hi friend,

    This is very simple if the concerned employee is not covered under Employee State Insurance Corporation Act then the application of Maternity Benefit Act attracts.

    Since you are the principal employer you are liable to pay maternity benefit if the immediate employer is not exceeding such benefit.

    Maternity benefit is 6 weeks pre-natal and 6 weeks post-natal leave with pay.

    Total 84 days leave with pay needs to be extended to such contract employee.


    Hope i have helped you in getting relevant information.

    All the best

    THanking you...

  4. #4
    Chittaranjan Array
    Join Date
    Jul 2012
    Posts
    658

    Re: Can an employee working on contract basis get a maternity leave?

    Of course all employees are working under one umbrella certainly contractual employees are eligble to get maternity leave similar to mermanent employee at least.

    Today's contractual employee may be permanent tomorrow so all opportunities can not be sealed saying contractual employee.it is true contractual is productive.

    Thank you

  5. #5
    yogesh Array
    Join Date
    Sep 2012
    Posts
    530

    Re: Can an employee working on contract basis get a maternity leave?

    HelloThere is no special rule to leave of maternity at the time in contracual basis.As a contract employee, any one is not entitled to benefits available to full-time employees.If a candidate has completed over 1 year in same company then he/she can write for leave.And FMLA would not apply to them because they are not employed by the company, and haven't been there a year anyway. So there is no need to think more on same topic. There isBest for you to negotiate same matter and permited to unpaid leave.All the best.

  6. #6
    abbebo Array
    Join Date
    Aug 2012
    Posts
    454

    Re: Can an employee working on contract basis get a maternity leave?

    Hi. I think you should certainly provide those 2 women who are working on contract basis with maternity leave and all the required facilities. After all, all women have equal rights when it comes to giving birth to a child so all of them should be provided with same facilities irrespective of the fact whether they are permanent employees or are working on contract basis.

    All women after delivery need to take care of themselves and their child and also during the pregnancy period they need proper rest and diet for the welfare of the child. So they all have the right to a maternity leave for a certain time period as is required for them to get back to normal routine and health.


    It will be really sad if you will discriminate on such basis. Take your decision wisely and justly.


    Best of luck. Thanks

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