State's maternity leave conditions for contract nurses violates Central Act, says MHC

CHENNAI: The Chief bench of the Madras High Court wondered that the State’s condition in extending maternity leave to contractual nurses is in violation of the Maternity Benefit Act, 1961, and directed the Tamil Nadu Government to respond in this regard.

The first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy heard the plea seeking to direct the State to extend maternity benefits to the contractual nurses recruited by the Medical Services Recruitment Board (MRB).

The government advocate appearing for the State submitted the counter to the plea.

It was also submitted that the contractual nurses are recruited with some conditions that they can only avail one casual leave in a month and a day off in a week.

The contractual nurses were recruited by accepting this condition, hence the State cannot extend paid maternity leave to the contractual nurses, said the advocate.

After the submission, the bench wondered that the condition imposed by the State is in violation of section 5(2) of the Maternity Benefits Act,1961. Hence, the bench directed the Advocate General to get instructions in this regard. The matter is posted on March 27 for further submission.

MRB Empowerment Association moved the HC as the State is denying maternity benefits to them.

The association sought to extend maternity benefits including 270 days of paid maternity leave in accordance with the provisions of the Maternity Benefit Act, 1961 to all staff nurses working under the National Rural Health Mission Scheme in the State with immediate effect.