My wife work as contract teacher in MCD school in delhi and had her contract from 10oct 2021 till 15 June 2022, but she got admitted to hospital on 10th june due to some pregnancy related emergency. She gave birth to baby girl via surgery on 13 june 2022. We informed school and department about this on 16june 2022 and applied for maternity leave from 10june onwards.
Her contract again renewed on 1july 2022 till 30march2023 by MCD Delhi education department. On July 4 2022, her department issued a maternity leave order from 10june 2022 till 6dec 2022. We conveyed this order to school also. But now they are not giving salary saying that issued order is not valid, my wife have to join school immediately and no maternity leave will be given to her. Can someone please guide me what I have to do.
From India, Delhi
Her contract again renewed on 1july 2022 till 30march2023 by MCD Delhi education department. On July 4 2022, her department issued a maternity leave order from 10june 2022 till 6dec 2022. We conveyed this order to school also. But now they are not giving salary saying that issued order is not valid, my wife have to join school immediately and no maternity leave will be given to her. Can someone please guide me what I have to do.
From India, Delhi
The order of the School asking to resume duty is definitely bad and is against the rule position in this regard.
First of all, the School Management cannot decide on the validity of the order passed by the Education Department. As per the Delhi School Education Act 1973, the schools have to function as per the direction given by the Administrator, (read as the Education Department). If they do not agree to it they have to take legal recourse but such directions cannot be kept away from implementation.
Importantly, what the School says is against the government policy as well as the rules in this regard.
If the school has given any order denying the maternity benefit as is stated in the query, the same may be brought to the notice of the Education Department, Delhi Government. Rest will be taken care.
From India, Mumbai
1530First of all, the School Management cannot decide on the validity of the order passed by the Education Department. As per the Delhi School Education Act 1973, the schools have to function as per the direction given by the Administrator, (read as the Education Department). If they do not agree to it they have to take legal recourse but such directions cannot be kept away from implementation.
Importantly, what the School says is against the government policy as well as the rules in this regard.
If the school has given any order denying the maternity benefit as is stated in the query, the same may be brought to the notice of the Education Department, Delhi Government. Rest will be taken care.
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf