Thread Started by #anees-ahmed1

My wife is a central govt employee working in Central Excise & Customs. She has recently delivered a baby which is our third child. In her previous delivery she had delivered twins for which she was granted 6 month maternity leave. This time for the third baby she again applied for 6 month maternity leave and she was denied reason being stated that maternity leave is granted up to two surviving children. I feel that since she has taken maternity leave only once for the twins, she should be granted maternity leave one more time for the third one. Her dept HOD is not approving the leave. What are the options for her.
16th August 2018 From India, New Delhi
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16th August 2018 From India, Kannur
Dear Anony,
This is an exceptional case wherein you had twins from first delivery. Under such a circumstance, the leaves and maternity benefit is restricted to the number of deliveries and not number of babies delivered in each delivery.
Your wife should talk to the HR or the personnel department. Seek legal recourse if this is still denied.
Regards
Rahul Chhabra
16th August 2018 From India, Delhi
Dear Friend, as rightly pointed by Mr Rahul, your wife is eligible for ML.Please Peruse attachment in this connection of Madras High Court Judgement which is similar to your case
16th August 2018 From India, New Delhi
"No Issue cap for Maternity Leave" Madras High Court Judgement
16th August 2018 From India, New Delhi

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File Type: pdf No issue cap for Maternity Leave-Madras High Court.pdf (130.8 KB, 269 views)

Dear Srinath and Rahul,
In her application she already gave the reference of Madras High Court judgement but her boss denied telling her that the rule in the rule book about maternity leave is upto two surviving children and there is no mention of such case of twin pregnancy or number of delivery. Her boss just sticks to the rule written in rule book. There is no personnel or HR dept in her office. Her application has been rejected by the higest authority in her office that is chief commissioner. Is there some other place or govt organisation where she can mention her grievance or what shall she do? Going legal means spending huge money for such a case which is self understood self solved but such stupid fools of her office are not ready to apply their brains and just sticking to rule book.
16th August 2018 From India, New Delhi
Dear members,
This is really an interesting case to discuss. I would like to express my views and a practical case faced by my very closed friend in our company.
As per my opinion the women is entitled to Maternity Benefits under the Act only for 12 weeks, coz it is clearly mentioned 26 weeks benefit will be entitled only for two surviving children. After that only 12 weeks benefit will be entitled.
Here the important point is not that how many time you get the benefit, but the more important point is that the enhanced benefit (26 weeks) is applicable only upto 2 surviving children. I strongly disagree with our learned member Mr Rahul Chhabra who said “Under such a circumstance, the leaves and maternity benefit is restricted to the number of deliveries and not number of babies delivered in each delivery”.
However, if the member had only one child earlier and in the second case the woman has twins than it will be treated at sencond time (2nd child) benefit and both the babies and woman will be entitled all benefits which are applicable as “Second Child”.
My friend has twins in the second case where our HR provide all mediclaim benefits to the twins. As per company policy only two children are covered under Mediclaim, but the HR includes all his three children (the twins are considered as a single child).
But in the above case the member already has twins in the first case, hence the enhanced benefits will not applicable to the third child.
Legally, the HOD can't deny the benefit, she is entitled for 12 weeks leaves. Recently in Uttrrakhand same case filed by a govt employee where the state govt deny to give benefits for the third child.
https://www.livelaw.in/uttarakhand-h...al-read-order/
Senior members can put more light on the matter.
17th August 2018 From India, Delhi
I would tend to agree with Pan Singh Dangwal.
First delivery twins, then second delivery will be entitled for 12 weeks ML only.
17th August 2018 From India, Pune
Dear Contributors,
This in fact is an interesting scenario; however not new at all. The MB act nowhere discusses the cases wherein one has twins in the first or second delivery; and therefore we refer to precedence of judgement given by the honorable courts.
Following is an extract of judgement passed by Madras High Court in "J.Sharmila vs The Secretary To Government on 19 October, 2010". It states-
7.The matter could have been dealt with on technical ground, i.e. intention of the rule is only the grant of maternity leave for the second delivery and not really based upon two children norm. The petitioner had delivered during her first delivery twins and the second delivery was a single child. Therefore, maternity leave was confined only to the second delivery and not based on the third child norm. Therefore, the petitioner should have been granted maternity leave with full pay. If it is not construed in this way it may produce ridiculous result. To cite an example, if during the first delivery a woman Government servant delivers a single child and by the second delivery if she delivers twins or triplets, then should she be disqualified?
In my view, she is eligible for a full 26 week maternity leave with benefits. Going by the logic of two surviving child as the act mentions, it can be argued that in case of twins in the first delivery, double amount of leave and benefits shall be extended as her next delivery will reduce the same benefit.
Regards
Rahul Chhabra
17th August 2018 From India, Delhi
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
18th August 2018 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
18th August 2018 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.
18th August 2018 From India, Delhi
in that condition she is entitle for taking maternity leave.
18th August 2018 From India, Ghaziabad
Maternity Leave for 2nd time can be granted if the woman employee gave birth twins in First delivery.
18th August 2018 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?
18th August 2018 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.
19th August 2018 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
22nd August 2018
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.
25th August 2018 From India, Delhi
Maternity leave is granted to women government employees.
1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.
27th August 2018 From India, New Delhi
Dear Connections,
I would say that she will not get the benefit of Maternity Leave, as by law it clearly states that it is for two surviving children which you already have and this will be your third child. Nowhere it is mentioned in the law that they refer to the "NO. OF DELIVERIES". Also, since your wife is a central government employee benefits which are given to children for eg - LTC, Child Care Leave will also be for the first two children.
Sharing with you an example - Lets say if you would like to avail LTC, there you will not mention that the first two children were from the first delivery and the third one is from second delivery. Hence, all should be covered. Similarly, here also they will consider only no. of children and not no. of deliveries.
Hope this helps.
Regards,
Shweta Gehlot
5th September 2018 From India, Delhi
Dear Shweta,
During my wife's twin delivery she had to take 12 months leave as the case was complicated. Raising twins at a time was difficult than raising one child. She also applied for 12 months maternity leave (2 maternity leaves since two babies were there). But she was denied and was given only 6 months leave. At that time she should have been granted 2 maternity leaves as you said that the law never refers to "NO. OF DELIVERIES". What is your argument on this?
7th September 2018 From India, New Delhi
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