My wife works as a contract teacher and had her contract from 10th October 2021 until 15th June 2022. However, she was admitted to the hospital on 10th June due to a pregnancy-related emergency. She gave birth to a baby girl via surgery on 13th June 2022. We informed the school and the department about this on 16th June 2022 and applied for maternity leave from 10th June onwards.
Her contract was renewed again on 1st July 2022 until 30th March 2023. On July 4th, 2022, her department issued a maternity leave order from 10th June 2022 until 6th December 2022. We conveyed this order to the school as well. However, they are now refusing to provide her salary, stating that the issued order is not valid, and insisting that my wife must return to work immediately without granting any maternity leave. Can someone please guide me on what steps I should take in this situation?
From India, Delhi
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Her contract was renewed again on 1st July 2022 until 30th March 2023. On July 4th, 2022, her department issued a maternity leave order from 10th June 2022 until 6th December 2022. We conveyed this order to the school as well. However, they are now refusing to provide her salary, stating that the issued order is not valid, and insisting that my wife must return to work immediately without granting any maternity leave. Can someone please guide me on what steps I should take in this situation?
From India, Delhi
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Please let us know under which rules she has been getting an appointment. Is it under any state education rules, or do the teachers come under the same labor Acts? You have mentioned a 'department.' Is it the state's education department?
If I comment based on contractual employment practices in other sectors like factories, commercial establishments, etc., the contract of employment for a fixed period (say from 10th Oct 2021 till 15th June 2022) will come to an end on 15th June 2022, and she will not be an employee from 16th June unless the contract is renewed. If the employer is not willing to renew it, the matter ends there. But in your case, somebody else (is it the 'department'?) has renewed it, but the management of the school is not accepting this order. Naturally, if the salary is paid by the employer, only the employer can renew the contract.
Please let us know further details.
Umakanthan Sir, please join us for the discussion.
From India, Kannur
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4526If I comment based on contractual employment practices in other sectors like factories, commercial establishments, etc., the contract of employment for a fixed period (say from 10th Oct 2021 till 15th June 2022) will come to an end on 15th June 2022, and she will not be an employee from 16th June unless the contract is renewed. If the employer is not willing to renew it, the matter ends there. But in your case, somebody else (is it the 'department'?) has renewed it, but the management of the school is not accepting this order. Naturally, if the salary is paid by the employer, only the employer can renew the contract.
Please let us know further details.
Umakanthan Sir, please join us for the discussion.
From India, Kannur
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Dear Mr. Madhu,
A volley of the same and similar doubts arises for me as well upon reading the post. It is for the poster to clarify these doubts by providing the necessary information.
Understanding the Employment Context
What I can first understand is that the teacher is an employee of a private school in Delhi. It is not clear whether it is an aided private school, unaided, or a minority institution. Whatever the case, it would certainly fall under the Delhi School Education Act, 1973, and the rules made thereunder. The Act covers the recognition of private schools, service conditions of teachers employed therein, and provides for the formation of a Tribunal to address claims relating to service grievances.
Contract Extension and Maternity Leave
The narrative of the post indicates that the FTC contract and the maternity leave seem to have been extended and sanctioned respectively by "the department," probably under the provisions of the above Act, and the School Management is disputing only the sanction of maternity leave.
Simply put, when the FTC is extended, the maternity leave during the phase of extension cannot be refused.
Recommended Action
If my above presumptions are correct, the poster should approach the Director of School Education for Delhi or the authority created under the above Act.
I would also like to add that the MB Act, 1961, would be applicable to a private school teacher by virtue of section 2(1)(b) of the Act.
From India, Salem
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A volley of the same and similar doubts arises for me as well upon reading the post. It is for the poster to clarify these doubts by providing the necessary information.
Understanding the Employment Context
What I can first understand is that the teacher is an employee of a private school in Delhi. It is not clear whether it is an aided private school, unaided, or a minority institution. Whatever the case, it would certainly fall under the Delhi School Education Act, 1973, and the rules made thereunder. The Act covers the recognition of private schools, service conditions of teachers employed therein, and provides for the formation of a Tribunal to address claims relating to service grievances.
Contract Extension and Maternity Leave
The narrative of the post indicates that the FTC contract and the maternity leave seem to have been extended and sanctioned respectively by "the department," probably under the provisions of the above Act, and the School Management is disputing only the sanction of maternity leave.
Simply put, when the FTC is extended, the maternity leave during the phase of extension cannot be refused.
Recommended Action
If my above presumptions are correct, the poster should approach the Director of School Education for Delhi or the authority created under the above Act.
I would also like to add that the MB Act, 1961, would be applicable to a private school teacher by virtue of section 2(1)(b) of the Act.
From India, Salem
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Thank you, sir, for your prompt response. As pointed out, the poster has to clarify. My doubt is who is renewing the fixed-term contract? Is it the management of the school, i.e., the employer, or the department? If the employer is not ready to renew the contract, the termination is automatic as per the ID Act. Then the question of maternity leave will not arise, true? On the other hand, if the contract is renewed and the renewal is legally correct, then she will be getting maternity benefits.
From India, Kannur
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From India, Kannur
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Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf
Maternity Leave Policy - posting.doc