Obviously more efforts are required to raise twin infants at a time than a single infant. Therefore more time is needed in twin case to recover to normal state. My wife took leave (child care leave) of extra 6 months during her twin pregnancy. Due to twins her doctor asked her for bed rest. She took maternity leave 2 months prior to delivery. Govt should have given her 2 maternity leaves of 6 months each during that time. If a women is pregnant with twins, its not her fault. Its natural and should be considered in govt rules.
Regards
Anees
From India, New Delhi
7Regards
Anees
From India, New Delhi
Moreover, I am working in central govt PSU. My company is ready to give me 15 days paternity leave. They told me as you have taken it only once, we are granting you the leave second time.
Regards
Anees
From India, New Delhi
Regards
Anees
From India, New Delhi
This is exactly what I wanted to say. We are too engrossed in the acts that we forget how holy and precious journey to motherhood is.
From India, Delhi
From India, Delhi
Maternity Leave for 2nd time can be granted if the woman employee gave birth twins in First delivery.
From India, Tadepallegudem
From India, Tadepallegudem
Yes good query sir
In general your wife is eligible for maternity leave. HOD was misled by some in denying her 2nd delivery.ML
The law says is to.provide.ML for 2 deliveries irrespective of child births 1 or 2 .
Second delivery should be given ML undoubtedly
I dont think there is any guidelines to stop benefit if in your case.
We are providing financial asistance to women workerz for two deliveries.
Irrespective of number of chid births in first delivery....etc.
So you are eligible for both maternal and paternal leaves
You can challenge this with
Higher Authorities of your dept. Why. Let us discuss suppose unfortunately for a lady in first delivery has no living child...
Did that gentleman HOD allows upto 3 rd delivery for fulfilling condition of two living childbirth s?
From India, Nellore
In general your wife is eligible for maternity leave. HOD was misled by some in denying her 2nd delivery.ML
The law says is to.provide.ML for 2 deliveries irrespective of child births 1 or 2 .
Second delivery should be given ML undoubtedly
I dont think there is any guidelines to stop benefit if in your case.
We are providing financial asistance to women workerz for two deliveries.
Irrespective of number of chid births in first delivery....etc.
So you are eligible for both maternal and paternal leaves
You can challenge this with
Higher Authorities of your dept. Why. Let us discuss suppose unfortunately for a lady in first delivery has no living child...
Did that gentleman HOD allows upto 3 rd delivery for fulfilling condition of two living childbirth s?
From India, Nellore
Admittedly, the query relates to a Central government employee. Grant of leave to such employees is governed by the provisions of CCS(Leave) Rules, 1972, a Statutory Rule notified under Article 309 of the Constitution. Rule 43 provides for Maternity Leave:
43. Maternity Leave
(1) A female Government servant (including an apprentice) with less
than two surviving children may be granted maternity leave by an
authority competent to grant leave for a period of 180 days from
the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay
drawn immediately before proceeding on leave.
The Leave Sanctioning Authority is bound by the above statutory provision; there is no discretion left to him.
The decision of the reported decision of the High Court could be distinguished in as much as that decision has been in the light of the provisions of the Maternity Benefit Act. Hence the ratio laid down need not be binding; it is only directory.
However, the employee can seek relaxation in terms of the provisions of Rule 65:
65. Power to relax
Where any Ministry or Department of Government of India is
satisfied that the operation of any of these rules causes undue hardship in
any particular case, that Ministry or Department, as the case may be, may
be order, for reasons to be recorded in writing, dispense with or relax the
requirements of that rule to such extent and subject to such exceptions and
conditions as it may consider necessary for dealing with the case in a just
and equitable manner:
Provided that no such order shall be made except with the
concurrence of the Ministry of Personnel, Public Grievances and Pensions.
Else, she may seek judicial review by approaching the Central Administrative Tribunal.
From India, Kochi
43. Maternity Leave
(1) A female Government servant (including an apprentice) with less
than two surviving children may be granted maternity leave by an
authority competent to grant leave for a period of 180 days from
the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay
drawn immediately before proceeding on leave.
The Leave Sanctioning Authority is bound by the above statutory provision; there is no discretion left to him.
The decision of the reported decision of the High Court could be distinguished in as much as that decision has been in the light of the provisions of the Maternity Benefit Act. Hence the ratio laid down need not be binding; it is only directory.
However, the employee can seek relaxation in terms of the provisions of Rule 65:
65. Power to relax
Where any Ministry or Department of Government of India is
satisfied that the operation of any of these rules causes undue hardship in
any particular case, that Ministry or Department, as the case may be, may
be order, for reasons to be recorded in writing, dispense with or relax the
requirements of that rule to such extent and subject to such exceptions and
conditions as it may consider necessary for dealing with the case in a just
and equitable manner:
Provided that no such order shall be made except with the
concurrence of the Ministry of Personnel, Public Grievances and Pensions.
Else, she may seek judicial review by approaching the Central Administrative Tribunal.
From India, Kochi
Dear Friends,
I have a doubt beyond the set context.
With recent developments about having kids: through "Surrogacy".
A child born to a surrogate mother is never recognized as the child of Surrogate Mother. The child is considered to be the child of the Commissioning Parents only.
In this case how many times the "Surrogate Mother" can get Maternity Benefit, Maternity Leave. Please throw some light on this.
Regards,
EVR
I have a doubt beyond the set context.
With recent developments about having kids: through "Surrogacy".
A child born to a surrogate mother is never recognized as the child of Surrogate Mother. The child is considered to be the child of the Commissioning Parents only.
In this case how many times the "Surrogate Mother" can get Maternity Benefit, Maternity Leave. Please throw some light on this.
Regards,
EVR
Case name: Smt. Urmla Masih v. State of Uttarakhand & another - In this case, the High Court of Uttrakhand made a remarkable judgement by holding that denying maternity leave to a female employee on the ground of having third child is unconstitutional.
From India, Delhi
From India, Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf