Maternity Leave Entitlement for Educational Institutions
Every pregnant employee of an establishment is entitled to maternity leave and benefits. Educational institutions are also covered under the State's Shops and Commercial Establishments Act. All service/employment laws applicable to establishments registered under the State's Shops and Commercial Establishments Act are applicable to educational institutions. As such, the Maternity Benefit Act 1961 is also applicable.
You may refer to the discussion in this regard had in this forum; please browse this link:
https://www.citehr.com/494787-applic...-download.html.
Judgments and Case Laws on Maternity Benefits
There are other instances also in extending maternity benefits to women employees. The following judgments/case laws could be referred to clarify any doubts on extending maternity benefits to women employees:
1) In Mrs. Neera Mathur v. Life Insurance Corporation of India, the petitioner's employment with the LIC was terminated after she returned from maternity leave. The reason given was that she had withheld information about her pregnancy in a questionnaire she had filled out at the time of her appointment. After a perusal of the questionnaire, the Supreme Court found that it required female candidates to provide information about the dates of their menstrual cycles and past pregnancies. The Court held that the questionnaire was an invasion of privacy and directed the LIC to reinstate the petitioner and delete the offending columns from its future questionnaires.
2)
Consider Sundays and Unpaid Holidays for Computing Period of Work to Qualify for Maternity Benefits
In Ram Bahadur Thakur (P) Ltd. v Chief Inspector of Plantations, a female worker employed at the Pambanar Tea Estate was denied maternity benefits on the grounds that she had actually worked for 157 days instead of the 160 days required to qualify for them. The Supreme Court, however, held that for the purposes of computing maternity benefits, all days including Sundays and unpaid holidays must be taken into consideration.
3)
Daily Wagers Must Get Benefits Too
In Municipal Corporation of Delhi v. Female Workers’ (Muster Rolls) and Another, the Municipal Corporation of Delhi stated that it granted maternity leave to its regular female workers but not to the daily wage ones, that is, the ones on the muster rolls. The respondents argued that the practice was unfair as there was hardly any difference in the work allotted to female workers who were regular and those who were on daily wage. Accepting the contention, the Supreme Court upheld the right of female construction workers to be granted maternity leave by extending the scope of the Maternity Benefits Act, 1961 to daily wage workers.
4)
Two Years Uninterrupted Childcare Leave
In a landmark case—Kakali Ghosh v. Chief Secretary, Andaman & Nicobar Administration and Others, the main question was whether a female employee of the Central Government could ask for 730 days of uninterrupted childcare leave under the Central Civil Services (Leave) Rules, 1972. Justices S.J. Mukhopadhaya and V. Gopala Gowda of the Supreme Court held that a female employee of the Central Government is entitled to two years uninterrupted leave for childcare, which may also include illnesses and schoolwork. It held that the judgment of the Calcutta High Court, Circuit Bench at Port Blair was ignorant of the rules framed by the Central Government and directed the respondents to comply with the directions issued by the Central Administrative Tribunal, Calcutta, Circuit Bench at Port Blair.
Practical Advice for Maternity Leave Application
In your case, since you are already in the 9th month, you should immediately file your application for the grant of maternity leave in the prescribed form together with the medical certificate from a registered medical practitioner of a government hospital, preferably from a gynecologist, and go on availing the leave. Don't mention any period of leave, but mention only "under the Maternity Benefits Act." Make sure they approve the leave and obtain a copy of the approval. If they mention any period in it, say 3 months or something else, don't say anything, just go on leave. After your safe delivery, intimate your office with a medical certificate and mention there that you are going to avail 26 weeks of maternity leave in full. Don't forget, in addition to this, you are eligible for childcare leave also thereafter.
During the maternity leave, you are free to resign, but your employer has no right to terminate you on frivolous reasons like maternity leave. If they do so, it's illegal.
Read the Maternity Benefit Act attached for your understanding and future use.