Landmark: High Court Grants Maternity Leave to Senior Resident Doctor employed on Contractual Basis
Kalaburgi: In a major relief, the Karnataka High Court has quashed the order issued by Joint Director ESIC Medical College and Hospital Kalaburgi which denied maternity leave to a senior resident doctor.
The bench held that the contractual senior resident doctor was entitled to the maternity leave she applied for. It clarified that the teaching and non-teaching staff employed on a contractual basis are eligible for Maternity Leave provided they have served for 80 days and the concerned doctor had served for 125 days.
On several occasions, the issue of Maternity Leave has allowed controversies. Recently the issue came to the focus again when the resident doctors raised their voices demanding maternity leave which was denied by authorities.
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).
In fact, 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).
The case concerned the petitioner doctor who was employed as a Senior Resident in the Department of Medicine, ESIC College & Hospital, Kalaburgi on contract basis. She had joined the service on 24.07.2018 and continued working for 125 days, after which she submitted a leave application on 20.11.2018 and sought Maternity Leave from 26.11.2018 to 19.05.2019.
Following this, the doctor delivered her baby on 24.12.2018. However, the Joint Director of ESIC Medical College & Hospital rejected the Maternity Leave application of the doctor in terms of a letter dated 08.04.2019. In that letter, it had been mentioned that the petitioner doctor was not eligible for Maternity Leave.
The doctor then moved to the High Court and referred to the Office Memorandum dated 11.01.2018 by ESIC Headquarters, which clearly mentioned that teaching and non-teaching staff engaged on a contractual basis are allowed 26 weeks of Maternity Leave.
The said office memorandum clearly mentions:
"The competent authority has accorded approval for grant of maternity leave to eligible incumbents engaged on contractual basis in various teaching and non teaching medical posts viz. Dean, Professor, Associate professor, assistant professor, senior resident, junior resident, tutors, specialists and GDMO in ESIC hospitals/ medical colleges/ dental colleges/ nursing colleges for 26 weeks subject to the condition that the incumbent must have rendered 80 days of service in the past 12 months preceding the date of expected delivery as envisaged in the Maternity Benefit (Amendment) Act, 2017."
The High Court bench after perusing the same, noted,
"A reading of Annexure-F discloses that in respect of Teaching and Non-Teaching Staff they are entitled to 26 weeks of Maternity Leave, subject to the condition that such person must have rendered atleast 80 days of service in the past 12 months preceding the date of expected delivery, as envisaged in the Maternal Benefit (Amendment) Act, 2017."
"Therefore, the petitioner was entitled to the benefit of Maternity Leave even as per the Office Memorandum dated 11.01.2018 as by the time she had sought for Maternity Leave, she had put in 80 days of service," clarified the Court.
Thus, allowing the petition the High Court bench quashed the order of the Joint Director of ESIC, Medical College & Hospital and granted the doctor Maternity Leave for the time period from 26.11.2018 to 19.05.2019. The order further mentioned that the doctor would be considered "on duty" for that specific period of time and observed, "The petitioner is also entitled to claim all bonus that she is entitled to."
To read the court order, click on the link below.
https://medicaldialogues.in/pdf_upload/karnataka-hc-maternity-leave-159783.pdf
