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Chandrabhan singh   30 April 2021

Cancellation of maternity leave

Respected members ,my wife is a government doctor and is on maternity leave from 15 april to 11 october 2021.her maternity leave is cancelled and the superior officer given order to join 15 days after delivery.is it legal? Can we go to court if any action taken against her in case she is not joining.



 20 Replies

Pradipta Nath (Advocate)     30 April 2021

No the maternity leave is a statutory provision. It do not depends upon the fancies and whims of the employer. The maternity leave is 26 weeks, before that no one can compel. In case your wife is pressurized its better to serve the employer a legal notice to educate him of the laws of the land!

Chandrabhan singh   30 April 2021

Thank you so much sir for your reply.Dm has cancelled all doctors and paramedics leave and released an order to join other wise ESMA will be charged.Is maternity leave is exempt from esma.Thank you so much again.

Trivendra Kumar Sharma (Practicing Lawyer)     30 April 2021

You may seek appropriate direction to DM from Court. Since leaves have already been cancelled, immediate action is warranted.

1 Like

Pradipta Nath (Advocate)     30 April 2021

Okay now there the facts lies! No maternity leave is ought not to be included in the order. As I held earlier too that the maternity leave is a statutory welfare leave!

1 Like

Chandrabhan singh   30 April 2021

Thank you sir

Sudhir Kumar, Advocate (Advocate)     16 July 2024

OREDER PRIMA-FACIE IS ILLEGAL.

Sudhir Kumar, Advocate (Advocate)     30 March 2025

Originally posted by : little bean



Originally posted by : Sudhir Kumar, Advocate



OREDER PRIMA-FACIE IS ILLEGAL.




Block Blast
Why is it considered illegal? Could you explain it to me in detail?

 

 

Read leave rules.

 

Sudhir Kumar, Advocate (Advocate)     05 September 2025

Is this duscussion really a valud addition after 3 years. 

 

Law does not say that right should be proptected(or not) law says right shall be protected 

Sudhir Kumar, Advocate (Advocate)     15 September 2025

Originally posted by : Steve Smith
Here are the facts: maternity leave should not be excluded from the order. As I’ve emphasized before, it is a statutory welfare leave.photobooth foto

 

OK. what do you mean.

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