Right to leave for child care?

Dr

Dear all,

Is there any Statute which makes it mandatory for an Employer to give (paid or unpaid) leave to his/her employee for the purpose of Child Care (past the 6+6 or 12 weeks Maternity leave)?

Grateful for your input


j

 
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Senior Partner

@ Author,

 

1. It is covered under Maternity Benefit Act. 1961. Kindly read Sections, 4, 5, 6,7 and 8 of The Act for clarity. Also read Maternity Benefit (Amendment) Act. 2008, Section 8 where provision of giving medical bonus of Rs. 1000/- has been added as a progressive Amendment.


Link
(Old Act, 1961):
http://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf 

(Amended Act, 2008)
http://labour.gov.in/upload/uploadfiles/files/Divisions/social_security/Maternity-Benefit.pdf 

 

2. The statute says, every women employee who is not covered under ESI are entitle for 12 weeks leave with full wages provided she has 80 days service in that Company.


3. For claiming maternity benefit a female employee is required to serve a Notice under S. 6 of the Maternity Benefit Act, 1961 in the Format as prescribed in her employment company's State Rules along with the Certificate of a Registered Doctor regarding her pregnancy.


4. Area Labour Officer is law enforcing Agency in case of legal recourse need arise.

 

 

Originally posted by : joe

 

Thank you very much TajobsIndia for your kind response. My question, however, related to the time period past (after) the 6+6 (i.e. 12) weeks statutory maternity leave had been exhausted, 

Was wondering if any among us here were aware of any statutory provisions for such leave. ( I believe that there is a court ruling which is applicable to Central Govt employees.)

Thank you again

j

 

 

A. See Rule 43 (4) (b) of Central Civil Service Rules (CCSR).

 

B. If you can share complete chronological facts of the lady may be I can apply my mind suggesting remedy available using; Article 14, Article 15(3), Article 25(2) and Article 42 Constitution of India read with UDHR and CEDAW against scope of Rule 43 (4) (b) of CCSR.

 

C. Citations poping does not help where specific facts exists i.e. when you are re-replying to me only about 6+6 (i.e. 12) weeks ignoring even reading Rule 43 (4) (b) of CCSR and further not sharing what was the content of her Maternity Leave Application and whether any showcause notice served upon her or even if the woman employee asked for further extension after rejoining etc. etc.?.


And what is statutory maternity leave of 6+6 (i.e. 12) weeks you are speaking here, when I am giving you Statutory Law which says maternity leave upto maximum of 1 year is there in the Statute Books.


Court rulings are announced based on Writs filled by women employees mentioning specific facts and not generic that they can be applied in all Govt. employees maternity leave cases !

 

 
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Dr

Thank you very much TajobsIndia for your kind response. My question, however, related to the time period past (after) the 6+6 (i.e. 12) weeks statutory maternity leave had been exhausted, 

Was wondering if any among us here were aware of any statutory provisions for such leave. ( I believe that there is a court ruling which is applicable to Central Govt employees.)

Thank you again

j

 
Reply   
 

Maternity leave rules for women in PSUs/IT Sectors/ ITES/private sectors say:

Woman employee should have minimum 80 working days to her credit in last 12 months counting from start of maternity leave to be eligible for maternity benefits in that organization. This law also stipulates that all working women are entitled for minimum 12 weeks of maternity leave. And at most 6 weeks may be taken before the day of delivery. A CL may not be clubbed with maternity leave otherwise it'll be taken as part of maternity leave. However you can take maternity leave at any time during your leave of any kind.

Large PSUs/Public limited companies, public /private sector banks and larger private sector companies grants maternity leaves to their women employees, varying from 90 days to 180 days. Some organizations also permit their women employees to extent leave upto one year (with or without pay). They even provide the facility to cover expenses during delivery in a good hospital for all employees. Some companies even provide health insurance benefits and other allowances to their women employees. The maternity policy can vary from organization to organization; hence one should enquire from her HR dept. about the maternity benefits provided in HR policy of that company.

As per latest modification in the law the maternity leave can be extended by an organization from present three months to six months of maternity leave. But maternity benefits can be revoked by that organization in case a women employee changes the job during that period.

Hope the above information will be some use to you.

 
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