My wife is a central government employee working in Central Excise & Customs. She has recently delivered our third child. In her previous delivery, she had twins and was granted 6 months of maternity leave. This time, for our third child, she applied for another 6 months of maternity leave, but it was denied on the grounds that maternity leave is typically granted for up to two surviving children. I believe that since she has only taken maternity leave once before for the twins, she should be granted leave for the third child as well. Unfortunately, her department's Head of Department (HOD) is not approving the leave. What are her options?
From India, New Delhi
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7From India, New Delhi
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From India, Kannur
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From India, Kannur
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Dear Anony,
This is an exceptional case wherein you had twins from the first delivery. Under such a circumstance, the leaves and maternity benefit are restricted to the number of deliveries and not the 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
From India, Delhi
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This is an exceptional case wherein you had twins from the first delivery. Under such a circumstance, the leaves and maternity benefit are restricted to the number of deliveries and not the 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
From India, Delhi
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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
From India, New Delhi
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From India, New Delhi
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"No Issue cap for Maternity Leave" Madras High Court Judgement
From India, New Delhi
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From India, New Delhi
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Dear Srinath and Rahul,
In her application, she already provided a reference to the Madras High Court judgment. However, her boss denied it, stating that the rule in the rule book regarding maternity leave is for up to two surviving children, with no mention of cases involving twin pregnancies or the number of deliveries. Her boss strictly adheres to the rule as written in the rule book. There is no personnel or HR department in her office. Her application was rejected by the highest authority in her office, the Chief Commissioner. Is there another place or government organization where she can address her grievance? What should she do? Pursuing legal action would involve significant costs for a case that could be resolved through common sense, but individuals in her office seem unwilling to think beyond the rule book.
Please let me know if you need any further assistance.
From India, New Delhi
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In her application, she already provided a reference to the Madras High Court judgment. However, her boss denied it, stating that the rule in the rule book regarding maternity leave is for up to two surviving children, with no mention of cases involving twin pregnancies or the number of deliveries. Her boss strictly adheres to the rule as written in the rule book. There is no personnel or HR department in her office. Her application was rejected by the highest authority in her office, the Chief Commissioner. Is there another place or government organization where she can address her grievance? What should she do? Pursuing legal action would involve significant costs for a case that could be resolved through common sense, but individuals in her office seem unwilling to think beyond the rule book.
Please let me know if you need any further assistance.
From India, New Delhi
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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.
From India, Delhi
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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.
From India, Delhi
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I would tend to agree with Pan Singh Dangwal. First delivery twins, then second delivery will be entitled for 12 weeks ML only.
From India, Pune
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From India, Pune
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Dear Contributors,
This is, in fact, an interesting scenario; however, not new at all. The Maternity Benefit (MB) Act nowhere discusses the cases wherein one has twins in the first or second delivery; therefore, we refer to the precedent of judgments given by the honorable courts.
Following is an extract of a judgment passed by the Madras High Court in "J. Sharmila vs The Secretary To Government on 19 October 2010". It states:
"The matter could have been dealt with on technical grounds, i.e., the intention of the rule is only the grant of maternity leave for the second delivery and not really based on the two children norm. The petitioner had delivered twins during her first delivery, 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 a ridiculous result. To cite an example, if during the first delivery a woman Government servant delivers a single child and by the second delivery 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 children as the act mentions, it can be argued that in the case of twins in the first delivery, double the amount of leave and benefits shall be extended as her next delivery will reduce the same benefit."
Regards,
Rahul Chhabra
From India, Delhi
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This is, in fact, an interesting scenario; however, not new at all. The Maternity Benefit (MB) Act nowhere discusses the cases wherein one has twins in the first or second delivery; therefore, we refer to the precedent of judgments given by the honorable courts.
Following is an extract of a judgment passed by the Madras High Court in "J. Sharmila vs The Secretary To Government on 19 October 2010". It states:
"The matter could have been dealt with on technical grounds, i.e., the intention of the rule is only the grant of maternity leave for the second delivery and not really based on the two children norm. The petitioner had delivered twins during her first delivery, 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 a ridiculous result. To cite an example, if during the first delivery a woman Government servant delivers a single child and by the second delivery 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 children as the act mentions, it can be argued that in the case of twins in the first delivery, double the amount of leave and benefits shall be extended as her next delivery will reduce the same benefit."
Regards,
Rahul Chhabra
From India, Delhi
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URL: [Times of India - Women govt staff with twins to get leave for 3rd child](https://timesofindia.indiatimes.com/city/chennai/women-govt-staff-with-twins-to-get-leave-for-3rd-child/articleshow/64704672.cms)
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Thank you for sharing this article from the Times of India. It highlights a positive development for women government staff in Chennai who have twins. They are now eligible to receive leave for their third child as well. This is a significant step towards supporting working mothers and recognizing their needs within the workforce.
It is crucial for organizations to implement policies that cater to the diverse needs of their employees, especially when it comes to balancing work and family responsibilities. By providing this additional leave benefit, the government is not only promoting gender equality but also acknowledging the challenges faced by mothers in the workplace.
This initiative sets a precedent for other institutions to follow suit and prioritize the well-being of their employees. It sends a powerful message that supports the idea of creating a more inclusive and supportive work environment for women.
Once again, thank you for sharing this piece of news that sheds light on progressive measures being taken to support working mothers.
From India, Pune
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Thank you for sharing this article from the Times of India. It highlights a positive development for women government staff in Chennai who have twins. They are now eligible to receive leave for their third child as well. This is a significant step towards supporting working mothers and recognizing their needs within the workforce.
It is crucial for organizations to implement policies that cater to the diverse needs of their employees, especially when it comes to balancing work and family responsibilities. By providing this additional leave benefit, the government is not only promoting gender equality but also acknowledging the challenges faced by mothers in the workplace.
This initiative sets a precedent for other institutions to follow suit and prioritize the well-being of their employees. It sends a powerful message that supports the idea of creating a more inclusive and supportive work environment for women.
Once again, thank you for sharing this piece of news that sheds light on progressive measures being taken to support working mothers.
From India, Pune
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Obviously, more effort is required to raise twin infants at a time than a single infant. Therefore, more time is needed in the case of twins to recover to a normal state. My wife took an extra 6 months of leave (childcare leave) during her twin pregnancy. Due to the twins, her doctor advised her to be on bed rest. She took maternity leave 2 months prior to delivery. The government should have provided her with 2 maternity leaves of 6 months each during that time. If a woman is pregnant with twins, it's not her fault. It's a natural occurrence and should be considered in government rules.
Regards,
Anees
From India, New Delhi
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Regards,
Anees
From India, New Delhi
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Moreover, I am working in the central government PSU. My company is ready to give me 15 days of paternity leave. They informed me that since I have taken it only once, we are granting you the leave a second time.
Regards,
Anees
From India, New Delhi
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Regards,
Anees
From India, New Delhi
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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
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From India, Delhi
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in that condition she is entitle for taking maternity leave.
From India, Ghaziabad
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From India, Ghaziabad
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Maternity Leave for 2nd time can be granted if the woman employee gave birth twins in First delivery.
From India, Tadepallegudem
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From India, Tadepallegudem
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Yes, good query, sir. In general, your wife is eligible for maternity leave. The HOD was misled by some in denying her 2nd delivery ML. The law states to provide ML for 2 deliveries irrespective of child births, 1 or 2. The second delivery should be given ML undoubtedly. I don't think there are any guidelines to stop benefits in your case. We are providing financial assistance to women workers for two deliveries, irrespective of the number of childbirths in the first delivery, etc. So, you are eligible for both maternal and paternal leaves. You can challenge this with higher authorities of your department. Why not discuss? Suppose, unfortunately, for a lady in the first delivery has no living child. Did that gentleman HOD allow up to the 3rd delivery to fulfill the condition of two living childbirths?
From India, Nellore
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From India, Nellore
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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 the 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 by order, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such an 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
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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 the 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 by order, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such an 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
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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 the surrogate mother. The child is considered to be the child of the Commissioning Parents only.
In this case, how many times can the "Surrogate Mother" get Maternity Benefit and Maternity Leave? Please shed some light on this.
Regards,
EVR
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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 the surrogate mother. The child is considered to be the child of the Commissioning Parents only.
In this case, how many times can the "Surrogate Mother" get Maternity Benefit and Maternity Leave? Please shed some light on this.
Regards,
EVR
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Case name: Smt. Urmla Masih v. State of Uttarakhand & another - In this case, the High Court of Uttarakhand made a remarkable judgment by holding that denying maternity leave to a female employee on the grounds of having a third child is unconstitutional.
The court's decision sets an important precedent for upholding the rights of female employees and ensuring gender equality in the workplace. Maternity leave is a fundamental right that should be granted without discrimination based on the number of children a woman has. This ruling serves as a significant step towards promoting a more inclusive and supportive work environment for women.
It is crucial for organizations to adhere to such legal rulings and policies to create a fair and respectful workplace for all employees, regardless of gender or family status. Denying maternity leave based on the number of children a woman has not only violates her rights but also perpetuates gender discrimination. Companies should prioritize supporting working parents and implementing policies that promote a healthy work-life balance for their employees.
From India, Delhi
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The court's decision sets an important precedent for upholding the rights of female employees and ensuring gender equality in the workplace. Maternity leave is a fundamental right that should be granted without discrimination based on the number of children a woman has. This ruling serves as a significant step towards promoting a more inclusive and supportive work environment for women.
It is crucial for organizations to adhere to such legal rulings and policies to create a fair and respectful workplace for all employees, regardless of gender or family status. Denying maternity leave based on the number of children a woman has not only violates her rights but also perpetuates gender discrimination. Companies should prioritize supporting working parents and implementing policies that promote a healthy work-life balance for their employees.
From India, Delhi
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Maternity leave is granted to women government employees. 1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.
From India, New Delhi
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From India, New Delhi
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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 is it 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 example - LTC, Child Care Leave, will also be for the first two children.
Sharing with you an example - Let's 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 the second delivery. Hence, all should be covered. Similarly, here also they will consider only the number of children and not the number of deliveries.
Hope this helps.
Regards, Shweta Gehlot
From India, Delhi
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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 is it 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 example - LTC, Child Care Leave, will also be for the first two children.
Sharing with you an example - Let's 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 the second delivery. Hence, all should be covered. Similarly, here also they will consider only the number of children and not the number of deliveries.
Hope this helps.
Regards, Shweta Gehlot
From India, Delhi
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Dear Shweta,
During my wife's twin delivery, she had to take 12 months of leave as the case was complicated. Raising twins at a time was more difficult than raising one child. She also applied for 12 months of maternity leave (2 maternity leaves since there were two babies). However, she was denied and was only given 6 months of leave. At that time, she should have been granted 2 maternity leaves as you mentioned that the law never refers to the "number of deliveries." What is your argument on this?
From India, New Delhi
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During my wife's twin delivery, she had to take 12 months of leave as the case was complicated. Raising twins at a time was more difficult than raising one child. She also applied for 12 months of maternity leave (2 maternity leaves since there were two babies). However, she was denied and was only given 6 months of leave. At that time, she should have been granted 2 maternity leaves as you mentioned that the law never refers to the "number of deliveries." What is your argument on this?
From India, New Delhi
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Hello, I am a postal employee. I had a stillbirth during my first pregnancy in 2013. Then I had a daughter in 2014. Both times, I was granted six months of maternity leave. Now, in 2019, I had a son. However, this time, maternity leave has not been granted. If maternity leave is allowed for two surviving children, am I eligible for a third maternity leave?
From India, Mumbai
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From India, Mumbai
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In the above case, the employee is entitled for maternity leave. The employee ought to have represented and if not successful, could have sought judicial review.
From India, Kochi
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From India, Kochi
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