Maternity leave period in psu (assam)

This query is : Resolved 

20 August 2011

I am working in BVFCL, Namrup which is a Central Govt. Undertaking.
I had given a written application to the personnel deptt. if I can avail 135 days maternity leave period based on DPE guidelines (as downloaded from the internet and enclosed with the application). But I was told that the Corporation shall grant such leave based on the MB Act & Rules applicable to the State Govt. which is 90 days only.

However, according to my knowledge, all other lady employees working in the PSUs in the State (like OIL, NTPS,etc) and other State Govt. Organizations are entitled for at least 135 days maternity leave. Moreover, in many cases, our organization follow DPE Guidelines published from time to time.

Therefore, I kindly request you to advice how I can claim 135 days maternity leave period like my fellow lady employees in the neighbouring PSUs.

Kindly advice


K.S.Srinivas (Expert)
20 August 2011

Go through your organisation leave rules. If it is 90 days only as per your corporation rules, you should abide by that.

Koumarish Bhattacharya (Expert)
20 August 2011

I agree with Mr. Srinivas. The alternative is a Writ Petition preferred before The High Court.

Dear Juliet,

It is for your information that the guidelines of the BPE do not apply automatically in a PSU unless the Board of Directors of the company adopts the same by passing a resolution by majority vote.

So, you may have to check whether your company adopted respective guidelines of the BPE and amended its leave rules or not. If not, only the statutory provisions of the MB Act would apply.

Rules of any PSU cannot be equated with the rules of any other PSU unless specifically adopted, as all the PSUs have to work as independent entities.

prabhakar singh (Expert)
21 August 2011

all are right

Juliet Chetia (Querist)
24 August 2011

Can anyone plz mail me a copy of Assam govt. MB Act & Rules!

Juliet Chetia (Querist)
24 August 2011

How will i get to kno if the maternity leave period in the MA Act&Rules of Assam govt. has been enhanced to 135 days!
I totaly agree wid Mr. Dhingra that Board has to approve any changes that is to be adopted in the leave rules. But is so unfortunate that since the Corporation did not hav any maternity case since almost 10 yrs., nobody bothered to place any related changes in the Board meetings. And due to this, new employees like me hav to suffer and go thru such dilema at this critical hour! anyways, thanks to all the experts for ur valuable advice.

prabhakar singh (Expert)
24 August 2011

Acts and Rules, Government of Assam - Cached

Juliet Chetia (Querist)
22 February 2012

Thanks everyone, I had to fight for my rights with the Corporation. I m back after availing the 135 days of Maternity Leave which was allowed to me at last.

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