CHENNAI: The Madras High Court held that the State’s stand of denying paid maternity leave to contractual workers is untenable and made it clear that they are also eligible for maternity benefits.
The first division bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy directed the Health and Family Welfare department to consider and dispose of all the pending applications of contractual nurses under National Rural Health Mission (NRHM) seeking paid maternity leave, within three months.
The bench relied upon the judgment of the Supreme Court in Dr Kavita Yadav vs Secretary, Ministry of Health and Family Welfare Department case, which held that once a lady employee fulfils entitlement criteria specified in Section 5 (2) of the Maternity Benefits Act, 1961, she would be eligible for full maternity benefits even if such benefits exceed the duration of her contract.
Hence the bench refused to accept the State’s submission that the contract conditions of posting and appointment of the nurses denied the paid maternity leave.
The bench held that Section 27 of the Act, will prevail over contractual conditions denying or offering less favourable maternity benefits.
However, the State objected to the contentions of the association and submitted that the contract nurses are not eligible for any kind of leave as applicable to regular government servants except for the casual leave of one day for one month and a day off.
It was also stated that, in any other untoward exceptional circumstances, any individual is permitted to avail leave other than specified above that will be treated as leave on loss of pay.