See the resident doctors are not employees it is clear there are many judgements on this they are the student and trainees paid stipend to help them as scholar ship in furtherance of there studies it is not given as salary hence not taxable in this scenario the maternity benefit act does not apply as they are primarily students not employees and the nature of employment exist as they study in that particular institution.

Further the extension of the course the provision of the india Medical council applicable on time of the admission has to be referred, the maternity benefit shall not be applicable in my view.

Over the past few years the female resident doctors have been denied maternity leave by various government hospitals citing “non-provision of orders to provide maternity benefits to ad hoc doctors”. In order to bring relief to the female doctors, the Health & Family Welfare Department, Delhi Government has 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.

In response the government in its notification stated that the issue has been examined in light of Maternity Benefit Act, 1961 and Maternity Benefit (Amendment) Act, 2017 adding its decision that the 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

As per Section 5(2) of the Maternity Benefit Act, 1961, no woman shall be entitled to maternity benefits unless she has actually worked in establishment of the employer from whom she claims maternity benefits for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.

It has been decided that the 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 Maternity Benefit (Amendment) Act, 2017 in accordance with Section 5(2) of the Maternity Benefit Act, 1961 subject to the condition that no leave shall be granted after the completion/expiry of tenure of the doctor concerned.

Regards

Moreover, the department has clearly stated that the onus of the implementation of the guideline falls with the health of the respective govt institutions including MS/MD/Dean.

The Guidance would indeed bring a lot of relief to young female medical practitioners who many times defer their pregnancies on account of their career.

To end the plight of working women, the government had introduced the Maternity Benefit Act in 1961. 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.

Hello,

As per the present laws they do not fall within the definition of employee and hence the act does not extend to them.

However, as rightly pointed out by you some government/ institutions have made their own bye laws to give benefit to the trainees.

You may go ahead and seek a reply in RTI from the MCI with regards to the status and later file a PIL in the SC to include the trainee also under the definition of EMPLOYEES so that the benefit of act is extended to them.

Regards

The Maternity Benefit Act, 1961 lays down the provisions relating to maternity benefit in India. The law was amended by the Maternity Benefit (Amendment) Act, 2017 which came into effect on April 1, 2017. It extensively modifies the old Act and is applicable to all mines, plantations, shops, establishments, and factories employing 10 or more employees, whether in the organized or unorganized sector.

Duration of Maternity Leave in India: The Act has increased the duration of paid maternity leaves to 26 weeks from the present 12 weeks. The extended period is applicable to women in case of the first and second child. Women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks i.e. 6 weeks pre-delivery and 6 weeks post-delivery.

For adoptive and commissioning mothers: The Act now extends to adoptive mothers as well. Every woman who has adopted a child will get 12 weeks of maternity leave from the date of adoption.

Work from Home: It also introduces the option of ‘work from home’ for mothers. After the expiry of the 26 weeks’ leave period, the woman can use this option to do her work from home. This option can be modified according to the nature of the work and terms and conditions levied by the employer.

Crèches: The Act makes it compulsory for every establishment employing 50 or more women to have in-house creche facilities and allows women to visit the facility 4 times during the day.

Awareness: The Act makes it compulsory for employers to aware women about the maternity benefits at the time of their appointment

According to the guidelines, women students will be entitled to maternity leave for a period not exceeding 45 days at a stretch, with prior permission of the chairperson of the department concerned on production of valid medical certificates.

Pregnant students can’t claim exemption from attendance rules, says Kerala high court

Court turns down plea of Kannur University student who moved court after she was barred from exams as she missed classes during pregnancy

2) petitioner has chosen to expand her family and can only be deemed to have taken a sabbatical from regular studies; which is definitely permissible and laudable too. But that cannot be turned to her advantage for wriggling out of the terms and conditions of a regular academic course,” the court said.

3) Delhi High Court condoned attendance requirements for pregnant candidates pursuing a law degree from the Delhi University.

The court had held that denying exemption would be “completely in negation of the conscience of the Constitution of India but also of the women rights and gender equality this nation has long been striving for.”

Yes depends on the T & C.

No the act doesn't apply on the students , it is specifically for the employees.

Mam arguments are there but there is no notification neither the latest amendment in 2017 add students as part of the maternity benefit act.

In the absence of any notification specifically providing relief the act doesn't student or trainees in the meaning of the act, further if you want to relief under the act the only relief available is writ petition in high court you can contest the same on the grounds to include the students under the act or give benifit to the students.

Post graduate students are being paid stipend they cannot be called employees

2) provisions of maternity benefit act are applicable to employees only

3) it can be argued by universities that since lady doctors are students and not employees provisions of maternity benefit would not be applicable to them

4) as per current laws they are not bound to give maternity leave

Yes...govt and pvt institutions may opt to give maternity leave, But my question is are they obliged to give maternity leave to these doctors as per the currently available laws in India ???

As per Maternity benefit (Amendment) Act, 2017, a female employee is entitled female employees in Covered Establishments to receive maternity benefits if they have worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery (“Eligible Employee”), the new law only applies to India’s 1.8 million female workers in so-called “organized labour” and not to many other women who work outside of that classification.

The temporary employees are also entitled to the said benefits, and as the trainee doctors are covered under temporary employees category, they can be brought under the said rule, for the benefits.

My question is....Is that act meant for these students as well?

You have stated that some judgments disallowed but people argued in its favor, in my opinion, it depends on how one interprets the law in this regard.

If the ESMA can be invoked on the trainee doctors, then it can be argued that they can be treated as temporary employees, thus they are entitled to avail this benefit as applicable to any temporary employee working uin an organised sector.

When you say that some universities allow the privilege to the trainee doctors including the extension, then this may be cited as reference while making an argument in this regard before court of law.

As advised, since there is a lot of confusion on the issue due to by laws of the states, universities etc.

Also due to some precedent of the court, you may file a RTI and seek clarification from the MCI.

Regards