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Tanushree   28 June 2016

Maternity leave

I work in a govt. college in Bihar, got married and my husband is posted in Punjab. While being in Bihar, I met with an accident because of which I was on medical leave, when all my leaves exhausted, I was put on extraordinary leave. while on this leave I went to Punjab with my husband and after a month my pregnancy was confirmed. I informed the head of my department about my status and being in Punjab telephonically. During my pregnancy I was on leave without pay, which was duly sanctioned by the competent authority three times. I delivered baby in April and sent my maternity leave application but now they are asking for that I have never taken station leave permission and have not granted maternity leave nor given salary yet. The authorities are asking me about when will i join and explain my station leave status. The head has mentioned now that he doesnot recall any of the telephonic conversation. What should i do now? Can i extend my maternity leave with childcare in this situation. Please suggest me how to tackle this issue.


 15 Replies

Upasana singh   29 June 2016

Maternity leave does not requires authorisation check the status of ur ML and apply it. If he is not supporting file a complaint.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 June 2016

 Employees are required to notify the authority in writing of the date on which the employee intends to commence maternity leave; and return to work after maternity leave.

1.2. Notification must be given at least four weeks before the employee intends to commence maternity leave; or if it is not reasonably practicable to do so, as soon as is reasonably practicable;

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 June 2016

 Employees are required to notify the authority in writing of the date on which the employee intends to commence maternity leave; and return to work after maternity leave.

1.2. Notification must be given at least four weeks before the employee intends to commence maternity leave; or if it is not reasonably practicable to do so, as soon as is reasonably practicable;

Kumar Doab (FIN)     29 June 2016

Which  Maternity Benefit rules apply to your establishment?

e.g. Maternity Benfit Act?

 

Confirm and post the extracts.

 

If you are sufferring sickness due to pregnancy delivery, if there is child care leave in your establishment then you can submit application under proper acknowledgment.

 

kavksatyanarayana (subregistrar/supdt.(retired))     29 June 2016

While you were being at Bihar, you met accident and you weny Punjab.  Before going to Punjab, you have to take permission from the higher authorities to leave the Head quarters. This is a general rules for all most of the Govt.employees of state govts.  And government employees who have two or less children are entitled for  maternity leave for 180 days only and beyond 180 days that leave be treated as per availability.   

Kumar Doab (FIN)     29 June 2016

"I informed the head of my department about my status and being in Punjab telephonically. "

 

Did you inform in writing? Do you have the call details/bills?

"The head has mentioned now that he doesnot recall any of the telephonic conversation."

Did he decline in writing? His reply is not declinature that you did not call it is just that he doesn't remember. 

As a responsible officer he could have noted it and  asked you to write.

 

You are not available and are not confirming when you shall be joining hence the authorities are contmeplating action.

 

At Chandigrah you can approach able counsels specializing in service matters.

Either you may make up with authorities or prepare to meet their action.

 

 

 

Sudhir Kumar, Advocate (Advocate)     29 June 2016

Originally posted by : Rama chary Rachakonda
 Employees are required to notify the authority in writing of the date on which the employee intends to commence maternity leave; and return to work after maternity leave.

1.2. Notification must be given at least four weeks before the employee intends to commence maternity leave; or if it is not reasonably practicable to do so, as soon as is reasonably practicable;

Not in case of govt employee

Sudhir Kumar, Advocate (Advocate)     29 June 2016

Your wrongful action of not seeking station leave is not a sufficient ground to delay maternity leave.

Kumar Doab (FIN)     29 June 2016

The author has not posted extarct from applicable Maternity Benefit Rules/link to such rules.

Tanushree   01 July 2016

Maternity leave and childcare leave rules are in line with central government in our institute. Now in my situation when i have not been given reply for my maternity leave application (since april 2016) and no salary also what should i do? that are just asking me again about my joining date and explanation for leaving station.

 


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  • Kumar Doab (FIN)     01 July 2016

    @ Querist,

     

     

    You may carefully go thru the posts in this thread.

     

     

    “Do you have the call details/bills?

    Did he decline in writing? His reply is not declinature that you did not call it is just that he doesn't remember. 

    You are not available and are not confirming when you shall be joining hence the authorities are contemplating action.

     

    At Chandigrah you can approach able counsels specializing in service matters.

     

    Either you may make up with authorities or prepare to meet their action.

     

    Your wrongful action of not seeking station leave is not a sufficient ground to delay maternity leave.

    that are just asking me again about my joining date and explanation for leaving station.”

     

     

    You may realize that a dispute is precipitating.

     

    Station leave has become an issue.

     

    Therefore you may prefer to approach able counsels specializing in service matters, with all docs on record, communications, details, inputs, Maternity Benefit Rules, Conduct and Discipline Rules, etc  and proceed carefully.

     

     

    If you remain amiable, gentle, fully prepared, then you may escape without much loss to you.

     

     

     

     

    Tanushree   01 July 2016

    Thanks to all of you for able guidance.

    Kumar Doab (FIN)     01 July 2016

    You are welcome.

    Sudhir Kumar, Advocate (Advocate)     06 July 2016

    SHe has stated that she is govered by govt leave rules.

     

    All that was required of her was to intimate the deptt in writing that she is intensts to  seeking maternity leave from "X" date to "Y" date and leve period should include date of delivery.

     

     

     


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