CHILD CARE LEAVE
Anand
(Querist) 08 February 2017
This query is : Resolved
Sir,
my wife is posted in Jaunpur and our child is only 4 month old. She has applied for child care leave but Chief medical superintendent rejected it. my child depends only on her mother for food and hospital environment is not good for my child. I have learnt child care leave rule it will be treated as earn leave. at present there is code of conduct so please tell me what i will do.?
Sudhir Kumar, Advocate
(Expert) 08 February 2017
if the child is just 4 month old she may be on maternity leave.
Anand
(Querist) 09 February 2017
No sir her maternity Leave ended up on 11/feb/2017
Anand
(Querist) 09 February 2017
No sir her maternity Leave ended up on 11/feb/2017 and because child is exclusive on mother milk we need child care leave and senior authority refuses it.
Anand
(Querist) 09 February 2017
No sir her maternity Leave ended up on 11/feb/2017 and because child is exclusive on mother milk we need child care leave and senior authority refuses it.
Anand
(Querist) 09 February 2017
No sir her maternity Leave will end up on 11/feb/2017 and because child is exclusive on mother milk we need child care leave and senior authority refuses it.
Anand
(Querist) 09 February 2017
No sir her maternity Leave will end up on 11/feb/2017 , and because 4 month old child is exclusive on mother milk we need child care leave and senior authority refused it.
Anand
(Querist) 09 February 2017
No sir her maternity Leave will end up on 11/feb/2017 and because child is exclusive on mother milk we need child care leave and senior authority refused it.
Anand
(Querist) 09 February 2017
) Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.
Guest
(Expert) 09 February 2017
Mr. Anand,
If the maternity leave of your wife is yet to end on 11.02.2017, did she give birth to child during duty period, as your child has already attained the age of 4 months?
However, if she went on maternity leave prior to giving birth to child, please clarify on the following points:
1) The total period of maternity leave granted to her;
2) From which date maternity leave started; and
3) Under which Rule of the UP State Leave Rules, she could get maternity leave for such a period?
Anand
(Querist) 09 February 2017
1.Total period of maternity leave is 180 days .
2. From 16/8/2016 to 11/2/17 ie total 180 days.
3.Child date of birth is 2/10/16. Now she is 4 months old.
4.CHAPTER XIII�MATERNITY LEAVE
Rules made by the Governor under Uttar Pradesh Fundamental Rule 101
153*. Maternity leave on full pay which a female government servant, whether permanent or temporary, may be drawing on the date or proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the following:�
(1) In cases of confinement the period of maternity leave may extend up to the end of three months from the date of the commencement of leave:
Provided that such leave shall not be granted for more than three times during the entire service including temporary service:
Provided also that if any female government servant has two or more living children, she shall not be granted maternity leave even though such leave may otherwise be admissible to her. If, however, either of the two living children of the female government servant is suffering from incurable disease or is disabled or crippled since birth or contracts some incurable disease or becomes disabled or crippled later, she may, as an exception, be granted maternity leave till one more child is born to her subject to the overall restriction that maternity leave shall not be granted for more than three times during the entire service.
Provided further that no such leave shall be admissible until a period of at least two years has elapsed from the date of expiry of the last maternity leave granted under this rule.
(2) In cases of miscarriage, including abortion, the period of maternity leave may extend up to a total period of six weeks on each occasion, irrespective of the number of surviving children of the female Government servant concerned, provided that the application for leave is supported by a certificate from the Authorised Medical Attendant:
NOTE�(1) Deleted.
NOTE�(2) In the case of a person to whom the provisions of Employees. State Insurance Act, 1948, apply, leave salary payable under this rule shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.
NOTE�(3) Abortion induced under the Medical Termination of pragnancy Act, 1971, should also be considered as a case of �abortion� for the purpose of �granting� �Maternity leave� under this rule.
154**. Maternity leave shall not be debited against the leave account and may be combined with leave of any other kind.
NOTE�(1) Deleted.
*(This amended rule shall be deemed to have come into force at once Vide Notification No, G.4-484/X-90�216-79, dated 3-5-90.)
* This rule may be deemed to have come into force with effect from 1-7-78.
NOTE�(2) Regular leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the female government servant producing a medical certificate from the Authorised Medical Attendant to the effect that the ailing baby warrants the mother�s personal attention and that her presence at the baby�s side is absolutely necessary.
NOTE�(3) In the case of temporary government servants the leave granted under rules 153 and 154 shall not extend beyond the period the appointment is likely to last.
5. This our first child.
6. My wife have previous history of abortion ie bad obstetric history (BOH).
7. She was in High risk pregnancy (HRP) CATEGORY during her pregnancy.
8. Due to HRP CATEGORY and precious pregnancy she was under gone for cesarean delivery (operation).
9. Due to above reason my child is more precious and exclusively on mother's milk every 30 to 60 minutes.
10. My child is more susceptible to infections and suffering from episode of recurrent infections.
10. My child depends on her mother only for parental care.
11. Doctor adviced
A. More parental care.
B. Exclusive breast feeding.
C. Avoid infectious places like hospital.
So for above reason my wife need child care leave....but chief medical superintendent refused it without giving any written refusals.
Guest
(Expert) 09 February 2017
Dear Anand,
Thanks for reproducing the Rules of Maternity Leave. I can understand the problem of lady employees.
But, can you clarify, according to which order the maternity leave was ggranted for 6 months, while even your own reproduced rule 153(1) provided for leave for only 3 (three months), as the sub-rule states as follows:
"(1) In cases of confinement the period of maternity leave may extend up to the end of THREE months from the date of the commencement of leave."
If there is any amendment of the Rule, please make that clear, since when the amendment was incorporated and by which order of the Governor?
Anand
(Querist) 09 February 2017
Under rule 157 as wrote on application proforma
Sudhir Kumar, Advocate
(Expert) 10 February 2017
there is a provision in teh central rules that female employee can availa extention of leave by getting commuted leave without medical certificate.
kinldy check if such provision is there in the state leave rules.
Guest
(Expert) 10 February 2017
Rules are sacrosanct, not the application proforma.
In fact, your problem does not seem to be real, as no Government rule provides for maternity leave for more than 3 months. I could well understand the artificiality of the problem, when you stated that the child is 4 months old and the maternity leave was yet to end on 11.02.2017.
Rajendra K Goyal
(Expert) 10 February 2017
May proceed as advised by the expert Sudhir Kumar.
