One of my known is due for delivery in June, she is working in Steel Authority of India as a executive. The maternity leave in SAIL/bokaro steel plant is 3 month and there is no child care leave implimented yet as per 6th pay commision
While another known is working in NTPC/new delhi and she got approved 6month maternity leave she is working at same level in NTPC, her delivery is due next month
I wanted to know
1> Is it possible for SAIL employee to get 6 month Maternity leave as the NTPC is giving it? Both are central govt PSU
2>What could be done to get it implimented 6 month maternity leave as well as child care leave in SAIL?
Yes, she is entitled for the benefits under the following provision of Maternity Benefits Act.
6. Notice of claim for maternity benefit and payment thereof.- (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman absent herself from the establishment until the expiry of six weeks after the day of her delivery.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
for the approved 3 month period (12 weeks) she will be pais as per maternety benefits and for what ever period she is availing the leave will be on LOP (loss of pay)
all employers have to give 3 months pre natal and 3 months post natal. they cannot escape. HR guy of SAIL has gone mad if he is denying so.
(Guest)
Dear Dr. Tripathi,
A difference need be understood between the Central Government Departments and Central Government Enterprises/Undertakings and the set of ules applicable individually to them.
The Central Government Departments are governed by the Rules and regulations set forth by the DOPT or the other authorised Departments. On the other hand, the Central Government Enerprises/undertakings are governed by the Corporate laws as well as Industrial laws. The CPUs are competent to make their individual rules, but not in violation of any of the provisions of the Company laws or the industrial laws. The industrial laws provide the condition for the minimum of the facilities that are a must to be followed, but they are free to make provisions exceeeding the provisions of the indusrial laws.
So in the present case, naturally you will have to go by the provisions of the Leave Rules of SAIL, not the Rules of NTPC. Both of them are individual entities as per law of the land.
So far as the Pay Commissions are concertned, the provisions of 6th Central Pay Commission recommendations were applicable to the Central Government Departments with NO binding on the CPUs. These organisations are governed by separate Pay Commissions specifically set up for the Central Public Undertakings. Of course these were free individually to adopt fully or partially, or even to reject the recommendations with the approval of their Boards. These were also free to accept or not to adopt any or all of the recommendations of the 6th CPC at the discretion of their Boards.
So, the 6th CPC or the CPU Pay Commission recommendations were not binding on any of the CPUs, if not acepted or accepted with modification independently by any organisation. They were also not bound to follow rules of any sister CPU concerns.
As such, please check about the maternity leave provisions in the Leave Rules of the SAIL. If more leave is required than the existing provision that will have to be taken out of the other kinds of leave due to the employee.
I am working in BVFCL, Namrup which is a Govt. Undertaking PSU. On asking the personnel deptt. of the organization, I was told that the the lady officer (in my case) is entitled for only 3 months' maternity leave as per the Maternity Benefit Act,1961. However, according to my knowledge, all other lady employees working in the PSUs in the State (like OIL, NTPS,etc) and other State Govt. Organizations are entitled for at least 4.5 months' maternity leave.
Normally, PSUs follow DPE Guidelines published from time to time. Now I m confused if I can claim for 4.5 months' maternity leave or not.
My wife is working in central govt PSU. where the service rules are same as per NTPC. in my knowledge 6 month maternity leave is permissible but no information regarding child care leave.so pl guide me regarding child care leave in NTPC.
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