Updates on PF & Maternity Cases

Maternity leave for part-time employees

Whether part-time female employees are entitled to maternity benefits has always remained unclear to many. Kerala High Court answered this query as it delivered its judgement in a case where a lady working part-time challenged the discrimination that she was sanctioned lesser number of leaves than to regular employees.

Hon'ble High Court here held that even the female employees working part-time are eligible to maternity benefits in the same pattern as regular (full-time) employees. Moreover, the quantum of leave too remains the same like for regular employees only that the pay will commensurate the one that is paid to the part-time employee.

Temporary employees covered under Employees' Provident Fund Act

Many times employers face the dilemma whether a temporary employee should be considered for assessing eligibility under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (the Act).

As per the provisions of the Act, it applies to an establishment employing 20 or more workmen at any point of time during previous year. But the question is whether, an establishment which in usual course does not employ 20 or more workers, but only on some occasions temporarily employs extra staff is to be covered under the Act or not.

Madras High Court in its recent judgement in the case of M/s New Star English School, Nagapattinam has clarified this situation. Here the Hon'ble court emphatically ruled that since the Act covers casual employees, temporary employees should be considered for assessing eligibility under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (the Act).

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Warm Regards,

GR Reddy
Chief Facilitator
Husys - HR Function Management Company
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