Can Contract Guest Teachers on Maternity Leave Be Relieved? Seeking Clarity on Rights and Rejoining

Facts

1) A has been a contract teacher in a school since 2013, and her contract is renewed every year from 1st of July until 9th of April. After 9th of April, she is relieved like any other teacher and then re-joins on 1st of July. This process has been ongoing since 2013, and it is likely that A will be asked to rejoin again on 1st of July as her contract would be renewed.

2) A has taken Maternity Leave starting on 1st of April after applying for it, and her application was duly accepted by the School Principal. She is currently on maternity leave.

3) According to the Delhi Govt Circular, the Maternity Benefit Act with amendments applies to all guest teachers. A is entitled to six months of paid maternity leave under this Act. As per the relevant section of the Act, A cannot be discharged or dismissed from her service during the maternity period.

Question

1. Would the Circular applying to the relief of guest teachers also be applicable to A, considering she is protected under the Act, and relieving her would essentially mean discharging her, which is not allowed?

2. Can A be relieved, and if so, would that action contradict the Act and undermine its purpose?

3. If A rejoins on 1st of July as per the current process, would she be able to apply for the remaining maternity period (July, August, and September) retroactively?

4. If A is entitled to maternity leave starting on 1st of July, would she be able to claim maternity benefits for the months of May and June?

5. If A does not rejoin on 1st of July and returns after completing the maternity period, can she still claim rejoining, especially at the same school?

Please address the above queries and provide guidance on how to handle this situation. It is a genuine case, and we have all the necessary supporting documents to strengthen our case. Your advice is greatly appreciated.

Based on the details provided, it is crucial to ensure compliance with the Maternity Benefit Act and the Delhi Govt Circular to protect the rights of the employee. Here are the responses to the questions raised:

1. The Circular applying to the relief of guest teachers should indeed be applicable to A as she is protected under the Maternity Benefit Act. Relieving her during the maternity period could be considered as discharging her, which is prohibited by the Act.

2. Relieving A while she is on maternity leave would contradict the Act and undermine its purpose of providing job security during maternity. It is advisable to retain her position until the end of the maternity period.

3. A should be allowed to apply for the remaining maternity period retroactively if she rejoins on 1st of July as per the usual process. This would ensure that she receives the entitled benefits for the entire maternity duration.

4. Since A is entitled to maternity leave starting on 1st of July, she may not be able to claim benefits for the months of May and June. Maternity benefits are typically applicable from the date specified in the Act or employment policies.

5. If A does not rejoin on 1st of July and returns after completing the maternity period, she should still be able to claim rejoining, especially at the same school. It is essential to ensure a smooth transition back to work post-maternity leave.

In this scenario, it is recommended to engage with the school administration and HR department to handle the situation sensitively and in compliance with the relevant laws and regulations.