CHENNAI: Contractual conditions cannot deny or offer less favourable maternity benefits to women employees, Madras high court has ruled, pointing out that Maternity Benefit Act would prevail over such contractual conditions.
The first bench of chief justice K R Shriram and Justice Senthilkumar Ramamoorthy passed the order on Tuesday, on a plea moved by MRB Nurses’ Empowerment Association, seeking direction to Tamil Nadu government to extend maternity benefits, including 270 days of paid maternity leave, to all staff nurses working under the National Rural Health Mission (NRHM) scheme.
The bench relied on SC’s Dr Kavita Yadav case which held that once a lady employee fulfils entitlement criteria specified in the Act, she would be eligible for full maternity benefits, even if such benefits exceed duration of her contract.