Dear experts,
I'm working as an Assistant Professor in a private management institute in Mumbai since November 2017 on an annually renewable contract. The institute has several programs, of which a few are affiliated with Mumbai University, and others are autonomous. I have been appointed as an Assistant Professor in one of the autonomous programs (as mentioned in my appointment letter) but also teach students from the affiliated programs for about 20% of my time. The institute has more than 200 employees.
I wish to go on Maternity leave from August 1, 2019, by when I would have completed 1 year and 9 months of continuous service at this institute. When I applied for maternity leave, I was informed that I would not be eligible for 6 months of leave at full pay as I have not completed 2 years. The institute is citing the Maharashtra Public Universities Act 2016 (and the Maharashtra Civil Service Rules 1981) for the leave rules. This Act states that I will be eligible for Maternity Leave at half pay.
However, as per the MB Amendment Act 2017, I'm entitled to 6 months of leave with full pay. When I responded to this information with necessary acts to support my case, the institute has come back saying that they will give me Maternity Leave on full pay provided I sign a bond/service contract for 2 years. This is as per a GR from the Maharashtra Finance Department regarding Maternity Leave.
I have several questions:
1. Am I entitled to 6 months of Maternity Leave with full pay?
2. Which rules will apply in this case - Maharashtra Civil Service rules or MB Act?
3. If the MB Act 2017 applies, what should be my next course of action?
4. If Maharashtra rules apply, will I be eligible for full pay once I complete 2 years (which will be midway during the maternity leave)?
5. Is such a bond/service contract valid/legal? Can the institute force me to sign such a contract to provide full pay?
Looking forward to your expert opinions on the above.
From India, Mumbai
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1I'm working as an Assistant Professor in a private management institute in Mumbai since November 2017 on an annually renewable contract. The institute has several programs, of which a few are affiliated with Mumbai University, and others are autonomous. I have been appointed as an Assistant Professor in one of the autonomous programs (as mentioned in my appointment letter) but also teach students from the affiliated programs for about 20% of my time. The institute has more than 200 employees.
I wish to go on Maternity leave from August 1, 2019, by when I would have completed 1 year and 9 months of continuous service at this institute. When I applied for maternity leave, I was informed that I would not be eligible for 6 months of leave at full pay as I have not completed 2 years. The institute is citing the Maharashtra Public Universities Act 2016 (and the Maharashtra Civil Service Rules 1981) for the leave rules. This Act states that I will be eligible for Maternity Leave at half pay.
However, as per the MB Amendment Act 2017, I'm entitled to 6 months of leave with full pay. When I responded to this information with necessary acts to support my case, the institute has come back saying that they will give me Maternity Leave on full pay provided I sign a bond/service contract for 2 years. This is as per a GR from the Maharashtra Finance Department regarding Maternity Leave.
I have several questions:
1. Am I entitled to 6 months of Maternity Leave with full pay?
2. Which rules will apply in this case - Maharashtra Civil Service rules or MB Act?
3. If the MB Act 2017 applies, what should be my next course of action?
4. If Maharashtra rules apply, will I be eligible for full pay once I complete 2 years (which will be midway during the maternity leave)?
5. Is such a bond/service contract valid/legal? Can the institute force me to sign such a contract to provide full pay?
Looking forward to your expert opinions on the above.
From India, Mumbai
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Hi, You are eligible for Maternity Benefit with full pay for 182 days. You can present a request letter in writing with a medical certificate from a Doctor confirming the pregnancy.
From India, Madras
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From India, Madras
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Hi, I have already submitted request letter and the response cited above was what I have received from the institute. Can you please help me with each of the questions I have?
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The response provided by the user is seeking further assistance. Let's address each question based on the relevant laws and rules.
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MCS rules provide the same benefit upon completion of 2 years, and the employee is willing to avail the same before completing 2 years. MB rules apply to a selected class of employees, but the Maharashtra Civil Services rules are applicable to the entire establishment as well as all employees.
Since the establishment has agreed to entertain the employee's request for full MB, the employee should also cooperate with the establishment to comply with their formalities under different rules.
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Since the establishment has agreed to entertain the employee's request for full MB, the employee should also cooperate with the establishment to comply with their formalities under different rules.
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Effect of laws and agreements inconsistent with this Act.
27. Effect of laws and agreements inconsistent with this Act - (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement, or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favorable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favorable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter which are more favorable to her than those to which she would be entitled under this Act. This notwithstanding clause overrules all other laws etc. made on this topic of maternity benefits. The lady is entitled to maternity benefits in full. In case the institution does not agree or imposes conditions, the concerned employee can approach the Labor Officer of the area for help. This approach will have a different connotation in her relationship with the organization, but her dues will not be cut down.
From India, Pune
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27. Effect of laws and agreements inconsistent with this Act - (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement, or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favorable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favorable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter which are more favorable to her than those to which she would be entitled under this Act. This notwithstanding clause overrules all other laws etc. made on this topic of maternity benefits. The lady is entitled to maternity benefits in full. In case the institution does not agree or imposes conditions, the concerned employee can approach the Labor Officer of the area for help. This approach will have a different connotation in her relationship with the organization, but her dues will not be cut down.
From India, Pune
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(Fact Check Failed/Partial)-The user reply is partially correct but missing some key points. The Maternity Benefit Act 2017 supersedes other laws. The employee is entitled to 6 months of maternity leave with full pay as per the MB Act, without needing to sign any bond. If the institute disagrees, the employee can seek assistance from the Labour Officer.
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Maternity Act is applicable only if Maharashtra govt have exrended it to private educational institutions under sec 2.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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(Fact Check Failed/Partial)-The user reply is incorrect. The Maternity Benefit Act, 1961 applies to all establishments including educational institutions, regardless of whether they are government or private.
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What is the condition in your contract as to entitlement for leave?
From India, Kochi
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From India, Kochi
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(Fact Check Failed/Partial)-The user reply is not completely addressing the issue at hand, which revolves around statutory entitlements to maternity leave based on labor laws and acts.
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Maternity Leave Policy - posting.doc
CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. According to the Maternity Benefit (Amendment) Act, 2017, an employee is entitled to 26 weeks of maternity leave with full pay. The user should refer to this Act in their communication with the institute to claim their entitlement.