Question: Maternity leave for contractual employees in Uttar Pradesh. I want to know whether maternity leave is available for contractual employees in Uttar Pradesh? Currently I am working in XXX department on a contractual basis. After three years of service I have applied for maternity leave but my head of the department has refused stating that I am not eligible. There is some dispute regarding my posting in the department because the head sir wants to take work from another employee who is his relative. Hence, he is refusing to grant maternity leave. Please help.
Maternity leave refers to a period of time during which a woman is allowed to take time off from work in order to recover from childbirth, bond with her newborn, and attend to the needs of her child.
It is considered a form of social insurance because it is a benefit provided by the government or an employer to ensure that women have the necessary support and protection during this significant life event.
The primary purpose of maternity leave is to support the health and well-being of both the mother and the child. After giving birth, women typically need time to physically recover, as childbirth can be a demanding process.
Maternity leave allows them to rest, regain their strength, and take care of their own health needs. This crucial period allows mothers to establish a strong emotional connection with their infants, promoting their overall development and well-being. By having dedicated time to focus on their children’s needs, mothers can provide the necessary care and attention during these early stages of their child’s life.
Overall, maternity leave is a form of social insurance that recognizes the importance of supporting maternal and child health, as well as providing necessary family support during this significant period in a woman’s life.
In Dr. Rachna Chaurasiya v. State of U.P. 2017 (11) ADJ 399 (DB) the Hon’ble High Court Allahabad has held that daily wage (contractual) employees are also entitled for maternity leave.
On a perusal of different provisions of the Act, 1961 as well as the policy of the Central Government to grant Child Care Leave and the Government Orders issued by the State of U.P. adopting the same for its female employees, we do not find anything contained therein which may entitle only to women employees appointed on regular basis to the benefit of Maternity Leave or Child Care Leave and not those, who are engaged on casual basis or on muster roll on daily wage basis.
Dr. Rachna Chaurasiya v. State of U.P. 2017 (11) ADJ 399 (DB)
I Anshu Rani v. State of U.P., Writ-A No. 3486 of 2019 the Hon’ble High Court Allahabad has held that once the State of U.P. has adopted the provisions of the Maternity Benefit Act, 1961, as determined by this Court, the said Act of 1961 would apply with full force, regardless of the provisions stated in the Financial Handbook.
You are entitled to receive maternity leave as per the provisions of the Maternity Benefits Act, 1961. There is no provision that excludes daily wage, casual, muster roll employees, and contractual employees from availing these benefits.
Upon refusal to get maternity leave you can file a writ petition in the high court under Article 226 of the constitution of India. You should seek quashing of the order thereby your leave has been rejected. The high court may quash the order and may direct to sanction that benefits as per the provision of Maternity Benefits Act 1961.
