Maternity Benefits Have To Be Granted Even If The Period Of Benefit Overshoots The Term Of Contractual Employment: Supreme Court

Posted On - 16 September, 2023 • By - King Stubb & Kasiva

A 3-judge bench of the Supreme Court comprising Justice Aniruddha Bose, Justice Sanjay Kumar and Justice SVN Bhatti held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5 and 8 of the Maternity Benefits Act, 1961 and payment to be made within 3 months.[1]

[1] Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare