Metarnity leave and metarnity benefits during probation period in central govt. service.
subrata panja
(Querist) 18 December 2015
This query is : Resolved
My wife just joined in a central govt service on last 06/11/2015 as her EDD is 05/02/2016 she applied for metarnity leave from 20/12/2015 to next 180 days as per Central Govt. rules. But her employer told her she had to serve continiously 80 days to avail this metarnity leave with total benefit other wise the less duty days will be counted as without pay and the probation period also extended with due course. Now I like to know is there any rule is exist in central Govt.to avail metarnity leave? I will be highly obliged if any one provide me the exact rule as circuler/memorandum etc. published by Govt. of India regarding this perticular case.
Kumar Doab
(Expert) 18 December 2015
Download the Maternity Benefit policy of the employer and relate the statement of employer with it.
It might be that employee should have worked for 80days before EDD.
Sudhir Kumar, Advocate
(Expert) 19 December 2015
the stand of the deptt is 101% and fully illegal.
the maternity leave is not barred by probation or by any length of service and also doe snot affect probation/seniority.
All that is required that :-
(i) application should be female (married/unmarried).
(ii) there should be delivery/abortion.
(iii) she should not have more than 2 surviving children (In case of delivery)
Sudhir Kumar, Advocate
(Expert) 19 December 2015
Central Gove employees are governed by CCS(Leave Rules which are vailable on the site of deptt of Per and Training.
relevant extract pertaining to maternity/paternity leave is as under
43. Maternity Leave
(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of (135 days) from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
NOTE :- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the am
ount of benefit payable under the said Act for the corresponding period.
(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19:
`Provided that the maternity leave granted and availed of before the commencement of the CCS(Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
(4) (a) Maternity leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical
certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and l
eave not due) up to a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account.
43-A. Paternity leave
(1) A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth,
i.e., up to 15 days before, or up to six months from the date of delivery of the child.
(1) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(2) The paternity Leave may be combined with leave of any other kind.
(3) The paternity leave shall not be debited against the leave account.
(4) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
NOTE:- the Paternity Leave shall not normally be refused under any circumstances.
43-B. Leave to a female Government servant on adoption of a child.
A female Government servant on adoption of a child, may be granted leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate ) for a period up to one year or
till such time the child is one year old, whichever is earlier. However, this facility will not be admissible in case she is already having two surviving children at the time of adoption.
P. Venu
(Expert) 19 December 2015
Agreed. The Controlling Officer is misconstruing the provisions. Note that her employer is the Government, not The Controlling Officer.
Rajendra K Goyal
(Expert) 19 December 2015
If the employer has refused / informed in writing represent to higher authority.
P. Venu
(Expert) 19 December 2015
Yes, let your wife submit the application for sanction of maternity leave well and file a presentation, if refused.
R.K Nanda
(Expert) 19 December 2015
nothing to add more.
Kumar Doab
(Expert) 19 December 2015
Download the rules and study.
If you are eligible submit a communication/requisite forms with copy of Doctor's Rx showing EDD,under proper acknowledgment.
subrata panja
(Querist) 19 December 2015
Thank you very much to the all senior members for their valuable advice and informations. I think the authority highlighted the "Metarnity Benefit Act'1961" for this purpose.but after reading the entire act I think the clause raised by them to decline the metarnity leave application is not applicable for my wife as she is not an employee of any factory or industry she is an employee of "Indian Institute of Engineering Science and Technology" Shibpur,West Bengal under Ministry of Human Resource and Development, Govt. Of India.So sir I am requesting you all again please let me know am I right or wrong through your expert opinions.
Sudhir Kumar, Advocate
(Expert) 20 December 2015
Maternity Benefit Act does nto apply to Govt servant.
CCS(Leave) Rules are framed by the President in exercise of powers vested vide provisio to Art 309 of the constitution and are statutory in nature.
I have shown you the provision.
P. Venu
(Expert) 20 December 2015
The answer, as to whether CCS(Leave) Rules is applicable, could be made out from the form in which the employees in the said institution apply for their leave, in the routine course.
Kumar Doab
(Expert) 20 December 2015
It is reiterated that:
"Download the Maternity Benefit policy of the employer and relate the statement of employer with it.
It might be that employee should have worked for 80days before EDD.
Download the rules and study.
If you are eligible submit a communication/requisite forms with copy of Doctor's Rx showing EDD,under proper acknowledgment.
"
Your boss has already indicated that Maternity Benefit Act applies. You have read the Act. The provisions of the Act has also been posted.The action you should take has also been posted.
The Central Govt rules are also known to you now.
So find out from website of the establishment/admin office what rules apply,obtain copy and act.
