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priya tomar   07 January 2019

maternity leave

hello. I am working as assistant professor in a private university. I am still in probation period of one year. I am pregnant and wish to get maternity leave at 10-11 months of my joining the university. human resources department is denying maternity leave as they said I am still in probation period. I have gone through maternity benefit scheme 1961 along with recent amendment. can you clarify whether I am eligible or not? is one year period necessary before applying for maternity leave? where can I complaint and avail the leave?


 4 Replies

G.L.N. Prasad (Retired employee.)     08 January 2019

File RTI Application to Central Public Information officer, DOPT and seek information under RTI Act.

Application dt.8th Jan, 2019 seeking information under RTI Act

Before: Central Public Information officer, DOPT, New Delhi.

Fee: Postal order No...for Rs.10/- Fvg. Accounts officer, DOPT payable at New Delhi.



Information solicited:

1. Please provide me the certified copy extant of such directive/circular/order that states that woman employee is not eligible for maternity leave during the probation period of employment.



2 Like

P. Venu (Advocate)     08 January 2019

You are entitled for maternity leave. Apply for it in accordance with the procedure laid down.

1 Like

Kumar Doab (FIN)     09 January 2019

You have gone thru the Act and probably notifications.

Probbaly you have checked that you are eligible.

The establishment/employer is under obligation to display the Act/Rules/procedure etc at a conspicuous place in establishment.

You may apply for Maternitity leave in writing under proper acknowledgment along with copy of Dr.’s advice showing tentative date of pregnancy delivery and ask to supply requisite forms if any by Redg//speed post.

Leave is personal matter and can be submitted by letter thru Redg post, personal email id.


There are many threads on similr query that you can SEARCH thru SEARCH option and even download illustrations, citations..

Kumar Doab (FIN)     09 January 2019

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.



The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

If you are confident that you are well versed with provisions of applicable rules/laws and procedures and can handle the matter on your own, go ahead.


In case you have impeccable record and irrefutable evidences then if anyone spteps on your (employee's) toes then you (employee) can press for damages.


In one case the authority chosen levied huge penalty in lacs on employer.

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