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The Karnataka High Court has overturned an ESIC hospital decision denying doctors maternity leave. The Court found that the doctor, who was hired on a contract basis, had worked for 125 days, much beyond the 80 days required by an office memorandum to be eligible for maternity leave. The Karnataka High Court recently overturned an order issued by authorities of the Employees State Insurance Corporation Medical College and Hospital (ESIC hospital), Kalaburagi, denying a doctor employed by the hospital maternity leave [Dr Swetha vs Union of India and others]. The petitioner would be entitled to maternity leave after completing 125 days of employment, according to the Court. "A reading of Annexure-F (office memorandum) reveals that Teaching and Non-Teaching Staff are entitled to 26 weeks of Maternity Leave, subject to the condition that such person has rendered at least 80 days of service in the past 12 months preceding the date of expected delivery, as envisaged in the Maternal Benefit (Amendment) Act, 2017," according to the order.
On a contract basis, Dr. Swetha worked as a Senior Resident in the Department of Medicine at ESIC Hospital. On July 24, 2018, she enlisted in the military. She applied for maternity leave after 125 days of employment in November 2018, but her request was refused. She filed a motion with the Court, citing an office memorandum dated January 1, 2018 that governs maternity leave for people employed on a contract basis at ESIC-run institutions. In this instance, the Court observed that the petitioner requested maternity leave for 26 weeks in November 2018, which ended on May 19, 2019, and that she gave birth on December 24, 2018. According to the Court, the petitioner was entitled to maternity leave despite the office memorandum dated January 11, 2018, because she had completed 80 days of employment at the time maternity leave was requested. As a result, the court granted the petitioner's request and overturned the ruling denying maternity leave.
"The Writ Petition is granted, and respondent No.5's impugned decree is quashed. The petitioner's request for leave from 26.11.2018 to 19.05.2019 has been approved, and he will be regarded "on duty" throughout that time. In addition, the petitioner is entitled to any incentives to which she is entitled "Added the Court.
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