Harsh Kumar Mehta
Consultant In Labour Laws/hr

I have a baby of 2 months and I joined the service before 1 month in Rajasthan government education department as a teacher...At the time of joining I had one month baby...I need maternity leave as per rules ...pls suggest me or send me circular to avail maternity leave...Official of department saying that they don't have any rules for this case....they r saying if u get baby after joining than u can avail maternity....so pls suggest me or send any circular regarding this
17th July 2016 From India, undefined
1. Sir/Madam, I think, you are required to go through the Service Rules which are applicable on the employees of "Rajasthan Govt. Education Department" . It must have been mentioned in the terms and conditions of your employment.
2. When you were not in the employment of said department at the time of delivery of baby, then I think, they cannot pay any maternity leave. Whether you have obtained medical fitness certificate before joining services of said department ?
18th July 2016 From India, Noida
Nothing is mentioned in service rules regarding this...I need new amendment of service rules of Rajasthan but I m not able to search in hard or soft copy on any website... No one clearly knowledge about this case... Can I go through the court for my child which is just of two months
26th July 2016 From India, undefined
MANOJ.MEEL, Dear Manoj.Meel, In my opinion, you need to ask your immediate senior and if not satisfied, your department head / Principa, even after delivery of baby, in the government maternity leave is applicable even for miscarriage / surrogacy etc. only you will need to adhere to have bonafied medical certificates, certificate of birth etc. to claim your leave, better start correspondence with the department against proper receipt / thru speedpost and keep copies of relevant records. Give appropriate time to the department. Consult a good lawyer before proceeding to court of law, since the lawyer will need to issue proper legal notice. If you have association, better more thru them only. Best of luck.
4th August 2016 From India, New Delhi
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