Is Maternity Leave Applicable For Contract Employees

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A maternity leave letter is not required by law but many companies use them to document an employee leave request so they can determine how work will be redistributed during the absence and when the mom plans to return. Maternity Leave is a temporary absence from an employees position and applies to expectant or new mothers who require time off for pregnancy childbirth and child care.

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Maternity Leave Rules In India For Contract Employees There is no amendment in section 2 of Maternity Benefits act so the act is applicable to all the women employees who are employed in any capability directly or through any agency ie maternity benefits act will be applicable to contractual and consultant women employees also.

Is maternity leave applicable for contract employees. This may be the case if for example the work she is doing is not urgent and can wait until she returns. ACCORDING TO MATERNITY BENEFIT ACT 1961 Section 5 Maternity Leave Entitlement to contractual employee All benefits including leave given to all on-roll employees and contractual employees too. All female employees are entitled to maternity leave after a certain time of service specified by the law.

Brittany Rouse a Public Relations Consultant for Approach Marketing is a mom of two and recently returned from her second maternity leave. However subject to state amendments the Act is applicable to other establishments coming under the purview of Shops and Commercial Establishments Act only if the number of employees exceed ten. Maternity Benefit Act is applicable to all factories Mines and plantations irrespective of the number of employees.

Employees may voluntarily offer them to document their request. An employer may refuse to guarantee that there will be an alternative position or the original position available for the employee when the fixed term contract ends. There are also certain requirements employees must meet like working a certain number of hours to be eligible for PFML.

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The most common reason to employ someone on a fixed-term contract is the need to complete a specific project or work campaign. Thus the States contention that the contract employees under the projects are entitled only to 90 days of maternity leave cannot be tolerated as it would amount to discrimination against woman employees only for the reason that they are engaged in projects in contractual capacities. States with paid maternity leave policies have had a 20 reduction in female employees leaving their jobs after the birth of a child.

Some states require paid maternity leave while federal law. Your employees contract of employment should continue during her maternity leave until the fixed term expires. Employees can take paid maternity leave if they or their employer pay into the program.

The employee is entitled to 4 months unpaid maternity leave. If your job still exists your employer must have a fair reason for the dismissal. During your employees maternity leave you can arrange a maximum of 10 statutory but optional keeping in touch KIT days on which the employee can come back into work.

If her contract is renewed beyond her period of maternity leave then she will be entitled to resume her job. State of Kerala and another has ordered that the petitioners who are appointed on contract basis will be entitled to maternity leave as is due to women employees under the Service Rules applicable to State and Central Government servants and to women employees under the Maternity Benefit Act 1961. Maternity leave – if a female employee is working in an organisation since 10 months on contractual basis Archive Maternity leave during the fy 2017-18 – third party contractual staff not eligible for appraisal Archive Maternity benefit paid leave for fixed-term contractual employee Archive Related Files Downloads Shared By Members.

Fixed- term contracts Fixed-terms contracts are used for many different reasons. Many employers used fixed-term contracts to cover a permanent employees role while they are on sabbatical or maternity leave. Maternity leave should commence one month before the expected date of birth of the child and the employee is obliged to give the employer one months notice of the commencement of maternity leave.

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By agreement an employer may allow a current employee to move into a new fixed term contract for the purpose of replacing another employee who is on parental leave. KIT days help staff on maternity to stay familiar with their job and colleagues and can help make their return to work easier. Rouse had her first child while working as a traditional employee in the corporate world and admits that her first maternity leave was so easy to coordinate that it felt a bit like a vacation.

Any reason for non-renewal connected to pregnancy or maternity leave is unfair. Fixed term or temporary employees are entitled to maternity leave in the same way as permanent employees. FEMALE WORKERS MUSTER ROLL AND ANOTHER reported in 2000 3 SCC 224 In which the issue as to whether a contract employee is entitled to maternity leave under the Maternity Benefit Act 1961 was.

Each state sets its own contribution rates and distribution amounts. Yes Maternity Leave entitlement to contractual employee as well. Check with your state for more information.

In the above view of the matter the contention raised to the effect that the contract employees under the projects are entitled to only 90 days of maternity leave according to me cannot be countenanced since it would amount to discrimination against women employees only for the reason that they are engaged in projects in contractual capacities.

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