Home / Crime and Justice / Bombay HC Grants Maternity Leave to Contract Doctor
Bombay HC Grants Maternity Leave to Contract Doctor
28 Feb
Summary
- Contract doctor's maternity benefits were denied in October 2024.
- The Bombay HC set aside the denial and ordered dues in six weeks.
- The court cited the rise of women in the workforce and Article 21.
The Bombay High Court has overturned a hospital's October 2024 refusal to grant maternity benefits to a doctor employed on a contract basis. The court ordered KEM Hospital to pay the anaesthesiologist her pending maternity dues within six weeks, recognizing her eligibility under the Maternity Benefit Act. The hospital had argued that her appointment was a stop-gap measure, but the court found this contradicted the Act's clear mandate.
The bench highlighted the increasing presence of women in diverse professions and stressed the importance of supporting their dual roles as caregivers and economic contributors. The court noted that the doctor had fulfilled the Act's requirement of 80 days of work in the preceding 12 months. This ruling underscores that contractual employment does not preclude a woman's right to maternity benefits, aligning with Article 21's protection of life and liberty.
