Chandrabhan singh 30 April 2021
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.
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.
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!
Chandrabhan singh 30 April 2021
Thank you sir
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