Maternity Leave Denied for Third Child After Twins: What Are Our Options?

Maternity Leave for Third Child: Options and Considerations

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?

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

Dear friend,

As rightly pointed out by Mr. Rahul, your wife is eligible for maternity leave. Please peruse the attachment regarding the Madras High Court Judgment, which is similar to your case.

Thank you.

"No issue cap for Maternity Leave" - Madras High Court Judgment

In a recent ruling, the Madras High Court declared that there should be no cap on maternity leave for women employees. This landmark decision is a significant step towards promoting gender equality in the workplace and ensuring that female employees are granted their rightful benefits. The judgment emphasizes the importance of supporting working mothers and acknowledges the need for policies that enable women to balance their professional and personal responsibilities effectively.

This ruling serves as a reminder to organizations to prioritize inclusivity and create a supportive work environment for all employees. By upholding the rights of women to maternity leave without any limitations, the court has set a positive precedent that upholds the dignity and well-being of working mothers. It is a progressive move that aligns with the principles of equality and non-discrimination in employment practices.

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.

Alternative avenues for grievance redressal

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.

Dear members, this is really an interesting case to discuss. I would like to express my views and share a practical case faced by a very close friend in our company.

Maternity Benefits Entitlement

In my opinion, a woman is entitled to maternity benefits under the Act for only 12 weeks because it is clearly mentioned that the 26 weeks benefit will be entitled only for two surviving children. After that, only a 12-week benefit will be entitled. The important point here is not how many times you receive the benefit, but rather that the enhanced benefit (26 weeks) is applicable only up to two 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 the number of babies delivered in each delivery.”

Case of Twins and Benefits

However, if the member had only one child earlier and in the second case, the woman has twins, it will be treated as a second-time (2nd child) benefit, and both the babies and the woman will be entitled to all benefits applicable as a “Second Child.” My friend had twins in the second case, where our HR provided all mediclaim benefits to the twins. As per company policy, only two children are covered under Mediclaim, but the HR included all his three children (the twins are considered as a single child).

Legal Precedents and Company Policy

In the above case, the member already had twins in the first case, hence the enhanced benefits will not be applicable to the third child. Legally, the HOD can't deny the benefit; she is entitled to 12 weeks of leave. Recently, in Uttarakhand, a similar case was filed by a government employee where the state government denied benefits for the third child. https://www.livelaw.in/uttarakhand-h...al-read-order/

Senior members can shed more light on the matter.

Maternity Leave for Twins and Subsequent Deliveries

Dear Contributors,

This is, in fact, an interesting scenario; however, it is not new at all. The Maternity Benefit (MB) Act does not specifically address cases where 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

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.

Maternity Leave for Twin Pregnancies

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

Maternity Leave Eligibility

Yes, good query, sir. In general, your wife is eligible for maternity leave. The HOD was misled by some in denying her second delivery maternity leave. The law states to provide maternity leave for two deliveries irrespective of the number of children born, whether one or two. The second delivery should undoubtedly be granted maternity leave. 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, a lady in the first delivery has no living child. Would that gentleman HOD allow up to the third delivery to fulfill the condition of two living childbirths?

Admittedly, the query relates to a Central government employee. The grant of leave to such employees is governed by the provisions of the CCS (Leave) Rules, 1972, a statutory rule notified under Article 309 of the Constitution.

Rule 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 inasmuch 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.

Rule 65: Power to Relax

However, the employee can seek relaxation in terms of the provisions of Rule 65:

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.

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.

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

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?

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?

In the above case, the employee is entitled to maternity leave. The employee should have made a representation, and if unsuccessful, could have sought judicial review.

As per the latest amendment, a woman bearing the 3rd child can claim a maternity leave of 12 weeks. Yes, you are eligible for a maternity leave of 12 weeks.

Regards,
Rahul