Maternity Benefits can be extended beyond the term of Contract of Employment

 

An employee on fixed term contract is entitled to the full 26 weeks’ maternity leave with salary and the medical bonus, as applicable, even if her term of employment comes to an end during the maternity leave period.

The Supreme Court of India in Dr. Kavita Yadav Vs The Secretary, Ministry of Health and Family Welfare Department and Others ( 2023 LLR 1299) has said that any attempt to enforce the contract duration term during the maternity leave period would be constitute “discharge” and attract section 12(2(a) of the Maternity Benefits Act.

In the instant case, Dr Kavita Yadav was employed in the respondent organisation under a fixed term contract. The term was till 11^th June 2017. She applied for maternity leave from 1^st June 2017. Since the term of employment was to come to an end on 11^th June, the employer approved 11 days maternity leave as against 26 weeks leave as per the Maternity Benefits Act, 1961. She was unsuccessful before the Central Administrative Tribunal as well as the High Court. Both of them relied on the “contract of employment” and said that the employer- employee relationship had come to an end automatically on 11^th June 2017, the day prefixed as per the contract of employment.

The Apex Court observed that a woman employee who has worked for 80 days in the 12 months immediately preceding the expected date of delivery is entitled to maternity leave. This was not disputed by the employer because the employer had approved her 11 days leave, ie, from 1^st June 2017 till the employee employer relationship existed. But the Court did not accept the contention that maternity benefit beyond the contract of employment could not be given. The kernel of the observation by the Supreme Court are the second and third provisios to section 5(3) of the Maternity Benefits Act, 1961, as under:

“The maximum period for which any woman shall be entitled to maternity benefit shall be twenty six weeks of which not more than eight weeks shall precede the date of her expected delivery.

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Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:

Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:

Provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the Child”

The above provisio makes it very clear that the benefit extends beyond cessation of employment for whatever reasons. The Court also cited Municipal Corporation of Delhi Vs Female Workers (Muster Roll) & Anr ( (2000 3) SCC 224) in which the same principle of notional extension was applied to the daily rated casual workers.

The Apex Court also ruled that not extending the maternity leave and or paying the medical bonus, as applicable, would mean that the employee has been dismissed from service which is against section 12(2)(a) of the Act.    

 Madhu T K

13-12-2023