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Pratibha Roy   13 June 2019

Promotion during Maternity leave

Sir I m working in Coal India Ltd as an Executive. I m on Maternity leave from 29.03.2019. In between I got promoted from E2 to E3 from back date 16.06.2017, but order came on 08.05.2019.There is specifically mentioned on order regarding non payment of arrears from 16.06.2017 .And there is nothing mentioned regarding joining to the new post. Whether I must get the financial benefit from 08.05.2019 , even I m on leave as Maternity leave is full pay leave? My leave will end on Oct 2019. As per my office I can't get financial benefit of new post untill I join to the new post i.e. after completion of Maternity leave. Joining to the new post means breaking Maternity leave which I can't do? Show me rules regarding this if possible. thanks.

 2 Replies

Pradipta Nath (Advocate)     13 June 2019

Under section 4 of the Maternity Benefit Act, the employer is barred to employ a women for 6 weeks post her delivery, knowingly the fact that the women has delivered a child. You cannot join the new post at the cost of your MB under section 4(3) of the Act. 

kavksatyanarayana (subregistrar/supdt.(retired))     13 June 2019

Dear querist, I agreed with the advise of Mr. OM PRAKASH JI.  As per rules, the new pay will come into effect only from the date of joining in the new post.

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