Facts
1) A is a contract teacher in a school since 2013 and her contact is being renewed every year from 1st of July till 9th of April and after 9th of April she gets relieved like any other teacher and is again being rejoined from 1st of July and the process has been going on like this since 2013 and most probably A may be asked to rejoin again from 1st of July as her contract would get renewed again.
2) Now A has gone on Maternity Leave on 1st of April after applying for the same and her application for it was duly accepted by the School Principal and as of now she is on maternity leave.
3) As per Delhi Govt Circular, Maternity Benefit Act with amendments has been made applicable to all the guest teacher and as per the same, A is entitled to six month maternity paid leave and with reference to the relevant section of Act, A can neither be discharged or dismissed from her service till the subsistence of maternity period.
Question- As like any other teacher, she is relived (circular to that effect has surfaced where all the guest teachers have been relived), I want to know
1. Whether that Circular would be applicable to A considering she is protected under the act as reliving her would mean discharging her which cannot be allowed?
2. Whether A can be relived and if yes, would not that be contravention of the act and would completely vitiate the object of the act
3. If A rejoins on 1st of July as per the existing process, would she be applicable to affirm/reapply for the remaining Maternity period or not ie prospective period which is July, August and September?
4. If A would be entitled for maternity leave from 1st of July, would she be entitled to fight for getting the maternity benefit for the period of May and June?
5. If A does not rejoin on 1st of July and join after completion of Maternity period, can she claim rejoining and that too in the same school?
Please answer the above queries and suggest how we go about this situation as it is genuine case and we do not want to loose it as we have all the supporting documents to augment our case and we earnestly need advise for this
thanks
From India, Chandigarh
51) A is a contract teacher in a school since 2013 and her contact is being renewed every year from 1st of July till 9th of April and after 9th of April she gets relieved like any other teacher and is again being rejoined from 1st of July and the process has been going on like this since 2013 and most probably A may be asked to rejoin again from 1st of July as her contract would get renewed again.
2) Now A has gone on Maternity Leave on 1st of April after applying for the same and her application for it was duly accepted by the School Principal and as of now she is on maternity leave.
3) As per Delhi Govt Circular, Maternity Benefit Act with amendments has been made applicable to all the guest teacher and as per the same, A is entitled to six month maternity paid leave and with reference to the relevant section of Act, A can neither be discharged or dismissed from her service till the subsistence of maternity period.
Question- As like any other teacher, she is relived (circular to that effect has surfaced where all the guest teachers have been relived), I want to know
1. Whether that Circular would be applicable to A considering she is protected under the act as reliving her would mean discharging her which cannot be allowed?
2. Whether A can be relived and if yes, would not that be contravention of the act and would completely vitiate the object of the act
3. If A rejoins on 1st of July as per the existing process, would she be applicable to affirm/reapply for the remaining Maternity period or not ie prospective period which is July, August and September?
4. If A would be entitled for maternity leave from 1st of July, would she be entitled to fight for getting the maternity benefit for the period of May and June?
5. If A does not rejoin on 1st of July and join after completion of Maternity period, can she claim rejoining and that too in the same school?
Please answer the above queries and suggest how we go about this situation as it is genuine case and we do not want to loose it as we have all the supporting documents to augment our case and we earnestly need advise for this
thanks
From India, Chandigarh
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Maternity Benefit Amendment Act 2017 applicable from1.4.2017.pd f