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Indian Law/maternity benefits

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Question
hello sir..
im working as a resident medical officer in a very reputed hospital in mumbai since 2 years..im pregnant and plan to take maternity leave..according to the HR DEPT as im a junior medical staff and im treated as retainer and not an employee therefore im not entitled to get any maternity leave and benefits..they have agreed to give me leave for the time period my HOD approves which my HOD has,for 3 months..so i have been granted leve but that is loss of pay leave..but im on the payroll of the hospital..my salary slip shows my salary as proffessional fees for that particular month approx 37 thousand....there are no deuctions made for PF or anything else except TDS and mediclaim..how do i convince and what arguement should i put forward if i want to claim for maternity leave without loss of pay as i dont want to get a lawyer to sort things  as i intend to continue work here...

Answer
Pradnya:

Thanks for your referral.

Appears your employer is trying to avoid giving you due benefit. If you are in continueous service for 2 years, then you are as good as a regular employee and should be given benefit of paid maternity leave of 12 weeks in terms of MATERNITY BENEFITS ACT, 1961.

Suggest to point out the above politely to your employer and also submit the same in writing and formally apply for maternity leave. You may have to pursue this with the management of the employer with the help of other employees.

My sense is, if you do the above, its likely that your employer will grant you the maternity leave. If not, write here again and would be happy to help further.

Best Wishes to you and your child!!!

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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