Maternity leave for PG medicos as per State Rules, Stipend if not during leave then in extended period: NMC

New Delhi: Through a recent notice, the Post Graduate Medical Education Board (PGMEB) of National Medical Commission (NMC) has stated that the matter regarding grant of maternity leave to PG medical students shall be regulated as per respective State Government rules.

Clarifying on the issue of Stipend, the Apex medical commission has mentioned that the students pursuing PG medical courses should be paid stipend for extended period of training, if it has not been provided during the leave period.

Referring to the matter of "Stipend during Maternity leave to PG students", the NMC PG Board mentioned, "Post Graduate Medical Education Board (PGMEB) is in receipt of a number of references from female PG students/Medical Colleges/Institutes regarding the subject mentioned above."

Shifting the responsibility on the State Governments, the NMC Board further stated, "As per Clause 13.3 of PGMER, 2000, the matter of grant of leave to PG students shall be regulated as per respective State Government rules. They should be paid stipend for extended period of training, if the same has not been provided during the leave period."

The concerned Clause 13.3 Postgraduate Medical Education Regulations 2000 states, “The Post Graduate students undergoing Post Graduate Degree/Diploma/Super-Specialty course shall be paid stipend on par with the stipend being paid to the Post Graduate students of State Government Medical Institutions / Central Government Medical Institutions, in the State/Union Territory where the institution is located. Similarly, the matter of grant of leave to Post Graduate students shall be regulated as per the respective State Government rules.”

What is Maternity Leave?

Maternity leave is granted to working mothers before and after the birth of her child and during this period they also get salary from their employer.

As per the Maternity Benefit Act, 1961, working women in India could only be entitled to maternity benefit provided that she has worked in an establishment for a period of one hundred and sixty days in the twelve months immediately preceding her date of expected delivery. However, as per 1961 Act, the women were only given maternity leave for twelve weeks (six weeks up to and including the day of her delivery and six weeks immediately following that day).

In 2017, the act was revised and Maternity Benefit (Amendment) Act was implemented in which the maternity leaves were extended. The Act is applicable to all types of employees, provided that they have put 80 days of service in the last 12 months, from the day they asked for leave.

Apart from this, The Maternity Benefit Amendment Act 2017 revised the maternity leaves from 12 weeks to 26 weeks (6 months) as per the Labour and Employment Act 2017, which states that the applicability of this revision is extended to all women employees (contractual or consultations).

Also Read: New Delhi : Resident Doctors to finally Get Maternity leave Benefits, Govt issues Notice

Situation of Junior Resident Doctors- Lack of Uniform Policy:

While the Union Government of India has extended the benefit of maternity leave to all the women employees, the situation of PG medical students who undergo three years of training at the medical colleges fall in the grey area since they are considered as doctors undergoing academic training and not as employees.

On several occasions, the issue of Maternity Leave has allowed controversies. The matter has been raised by resident doctors on several occasions saying that they are denied the maternity leave.

Since the matter is decided by respective State Government Rules, there is no specific uniform rule for the female PG medical students who pursue PG degree courses in various institutes. Therefore, the fate of such junior resident doctors lies at the hands of respective state/UT authorities who take a call on the matter.

Medical Dialogues had reported back in 2019 that the Health & Family Welfare Department, Government of Kerala had revised the maternity leave period for the Postgraduate Medical students working as residents at various government medical colleges and hospitals. Following the revision, the residency leave period was extended up to 26 weeks, from a period of 12 weeks for all woman employees (contractual or consultations).

Back in 2018, the Health & Family Welfare Department, Delhi Government has also issued the Guidelines for grant of Maternity Leave/ Miscarriage Leave to Resident doctors (SRs/jRs/ SR(Adhoc) & JR(Adhoc)). The guidelines came after Health And Family Welfare Department received proposals from the hospitals seeking clarifications regarding provisions of Maternity Leave/ Miscarriage Leave for resident doctors.

At that time, the Delhi Government had clarified that Resident doctors (SRs/JRs/SR(Adhoc) & JR(Adhoc)) shall be entitled for maternity leaves of 26 weeks and miscarriage leave of 06 weeks as per Maternity Benefit Act, 1961 and and Maternity Benefit (Amendment) Act, 2017.

While these are decisions of some specific States, there is still no uniform policy regarding the PG medical students requesting for grant of maternity leave.

What NMC says:

Now, issuing a notification yesterday, NMC has clarified that the matter regarding grant of maternity leave shall be regulated by respective State Government authorities.

NMC has also indicated in the Public Notice that the PG medical students availing maternity leave shall have to undergo extended period of time and they shall be paid stipend during the extended period if the same was not provided during the leave period.

To view NMC notice, click on the link below:

https://medicaldialogues.in/pdf_upload/nmc-maternity-leave-198942.pdf

Also Read: Kerala revises Maternity leave period for residents doctors at government medical colleges