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.
From India, New Delhi
7From India, New Delhi
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From India, Kannur
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
From India, Delhi
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
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
From India, New Delhi
From India, New Delhi
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.
From India, New Delhi
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.
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.
From India, Delhi
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
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
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
From India, Delhi
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
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