I'm working as Assistant professor in a private management institute in Mumbai since Nov 2017 on an annually renewable contract. The institute has several programs, of which few are affiliated to Mumbai university and others are autonomous. I have been appointed as Asst professor in one of the autonomous programs(mentioned in my appointment letter) but also teach students from the affiliated programs for about 20% of my time. The institute has more than 200 employees.
I wish to go on Maternity leave from Aug 1 2019 by when I would have completed 1 year 9 months of continuous service at this institute. When I applied for maternity leave, I was informed that I will not be eligible for 6 months of leave at full pay as I have not completed 2 years. The institute is citing Maharashtra Public Universities Act 2016(and the Maharashtra Civil Service Rules 1981) for the leave rules. This Act states that I will be eligible for ML at half pay.
However, as per MB Amendment Act 2017, I'm entitled to 6 months leave with full pay. When I responded to this information with necessary acts to support my case, the institute has come back saying that they will give me ML on full pay provided I sign a bond/service contract for 2 years. This is as per a GR from the Maharashtra Finance Dept with regards to ML.
I have several questions:
1. Am I entitled to 6 months ML with full pay?
2. Which rules will apply in this case - Maharashtra Civil service rules or MB Act?
3. If MB Act 2017 applies, what should be my next course of action?
4. If Maharashtra rules apply, will I be eligible for full pay once I complete 2 years(which will be midway during the maternity leave)?
5. Is such a bond/service contract valid/legal? Can the institute force me to sign such a contract to provide the full pay?
Looking forward to your expert opinions on the above.
From India, Mumbai
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vmlakshminarayananHi, You are eligible for Maternity Benefit with full pay for 182 days. You can present a request letter in writing with a medical certificate from a Doctor confirming the pregnancy.
From India, Madras
momtobe2019Hi, I have already submitted request letter and the response cited above was what I have received from the institute. Can you please help me with each of the questions I have?
From India, Mumbai
GlidorMCS rules provide the same benefit on 2 yrs completion and employee is willing to avail the same before completion of 2 yrs
MB rules are for a selected class of employees but the maharashtra civil services rules is applicable on the entire establishment as well as on all the employees.
as the establishment is agreed to entertain the request of employee, to provide the full MB, the employee should also co-operate the establishment to comply their formalities, under different rules.
nathraoEffect of laws and agreements inconsistent with this Act.
27. Effect of laws and agreements inconsistent with this Act.- (1)
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law or in the terms of
any award, agreement or contract of service, whether made before or
after the coming into force of this Act:
Provided that where under any such award, agreement, contract of
service or otherwise, a woman is entitled to benefits in respect of
any matter which are more favourable to her than those to which she
would be entitled under this Act, the woman shall continue to be
entitled to the more favourable benefits in respect of that matter,
notwithstanding that she is entitled to receive benefits in respect of
other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude
a woman from entering into an agreement with her employer for granting
her rights or privileges in respect of any matter which are more
favourable to her than those to which she would be entitled under this Act.
This obstante clause overrules all other laws etc made on this topic of maternity benefits.
Lady is entitled for maternity benefits in full.
In case institution does not agree or imposes conditions,Concerned employee can approach Labour Officer of the area for help.
This approach will have different connotation in her relationship with the organisation, but her dues will not be cut down.
From India, Pune
varghesemathewMaternity Act is applicable only if Maharashtra govt have exrended it to private educational institutions under sec 2.
From India, Thiruvananthapuram
email@example.comWhat is the condition in your contract as to entitlement for leave?
From India, Kochi