Maternity leave
Raghu
(Querist) 13 February 2014
This query is : Resolved
Hi,
My wife has been selected as a Civil Asst Surgeon and just delivered a baby before the orders are issued with Govt of AP. We heard that she is not eligible for the maternity leave as the baby was born before the appointment order was given. She is facing lot of problem as she has to travel with one week baby and she also had casaerian due to which she is facing lot of stress. Please help us to avail this maternity benefit.
Thank you,
Guest
(Expert) 13 February 2014
When she was not an employee of the Government before the stipulated date of delivery, how you expect that the Government should pay to non-employees? Maternity leave is meant for employees, not for non-employees, that too after resndering of some specified minimum service in the organization.
Better, she requests the department to give her sufficient time to join her futies.
Dr J C Vashista
(Expert) 14 February 2014
I fully agree with Sh. PS.
It is an employee entitled for service benefits and not general public. Your wife was yet to be appointed at that specific point of time.
Sudhir Kumar, Advocate
(Expert) 14 February 2014
I fully agree with Mr Dhingra and will add that if she has joined atl east medical leave she can take.
Rajendra K Goyal
(Expert) 14 February 2014
Agree with expert PS Dhingra ji. Non employee can not claim facility of employee from employer.
Guest
(Expert) 14 February 2014
@ Mr. Raghu,
Even otherwise also, being an assistant manager in some organisation you could well have ascertained about the provisions of maternity benefits act from your HR department.
Raj Kumar Makkad
(Expert) 14 February 2014
Personal efforts can pay much more than legal provisions in the given issue as there is no legal right for the maternity leave.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
As rightly suggested by experts, instead of claiming for which is not available, send an application to the competent authority requesting them to defer the appointment by another two or three months (desired) period enabling her to overcome the post delivery problems and join the employment immediately after the expiry of such deferment period (if at all granted with one).
Sudhir Kumar, Advocate
(Expert) 15 February 2014
now appointment cannot be deferred as she has already joined.
at the most she can seek medical leave.
Dr J C Vashista
(Expert) 15 February 2014
But how the department can grant medical leave for the period when she was not in service?
Sudhir Kumar, Advocate
(Expert) 16 February 2014
she can seek medical leave after being in service. it may be without pay but will qualify for pension.
