ML of senior resident at ESI corp. Hospital Indore

[drsparesh]

MY wife joined as SR in ESIC hospital in 14/3/12 and worked for more than 300 days before applying for ml on 11/3/13. a week back there was a local notice as in the attachment below. I Presume that she has got a continuation of tenure for this year also as she has not received any notice of cancellation of service.please guide me regarding eligibility of my wife for ML of 180 days as all her colleagues used to have until now. how shall I proceed If my Wife also get a similar notice?

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[admin]

If your wife has worked for 80 or more (including all paid holidays) then she is eligible for ML else not. I see clearly she is.

[drsparesh]

(08-04-2013 11:58 AM)admin Wrote:  If your wife has worked for 80 or more (including all paid holidays) then she is eligible for ML else not. I see clearly she is.

thanks a lot for the the concern. however, the ESIC, Indore has not paid the salary beyond 3 months to my wife and also to few other senior residents working with her stating that they are eligible only for 3 months maternal leave. they are justifying that they are on a contractual post of one year duration for which only this amount of leaves is applicable.
however, to our knowledge, the post of senior resident is a temporary government service for a max duration of three years. the term is auto renewal unless legally resigned or terminated by the employer.
we had send the application to them to seek clarification of rules and had even filed RTI application. they have not given any reply to both stating that they have fporwarded the application to higher authority.
I seek your help in this matter as below:
1. what is maternity leave permissible for a temporary employee as a senior resident in a government hospital
2. is a senior resident post recently defined as a contractural post?
what is the maternal leave applicable to contractural post if he has worked for more than 90 days?
please advice the needful and links so we may now go ahead with legal actions iof needed.
thanking you,
drsparesh

[admin]

Sorry .. I've taken back my words(pl. see above). Govt organizations are not covered by Maternity Benefit Act 1961. But there is a new hope here: http://maternityleaverules.indianworking...ty-benefit

You can avail legal channel based on the High Court Judgement.