Maternity leave to all female employees for 180 days, including temporary workers
The Uttarakhand High Court has directed the government to grant maternity leave to all the female employees with full pay for 180 days, even for those working on contractual basis, ad hoc/tenure or temporary basis. The high court also held that a female employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis is also entitled to child adoption leave for 135 days, in case of valid adoption of child below the age of one year.
A division bench was held comprising Justice Rajiv Sharma and Justice Alok Singh in which it was included that ‘maternity benefit is a social insurance’.
“There should be a system for breastfeeding/ nursing care at the workplace. The maternity leave is key for maternal and child health and family support. The maternity leave is of utmost importance to fight against social injustice, poverty and gender inequality,” the bench said.
It also held that, a male government servant is also entitled paternity leave for at least three weeks to enable the father to look after the mother and child.
Child Care Leave
The bench also held that, as per the recommendation of the 6th Central Pay Commission, a female government employee is entitled to Child Care Leave (CCL) of 730 days during the entire service (it will not be admissible, if the child is 18 years of age or older).
“However, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It can be availed of in more than one spell. As per the Government of India, Department of Personnel and Training order dated 11.09.2008, it can be combined with leave of the kind due and admissible,” it said.
The bench observed that labour laws are required in conformity with the recommendations made by the International Labour Organization read with Article 42 of the Constitution of India.
Summary of Directions
The respondent-State is directed to grant maternity leave to all the female employees with full pay for 180 days, even for those working on contractual basis, ad hoc/tenure or temporary basis.
The State Government is further directed to grant at least 60 days’ maternity leave to the daily wage female employees working for more than 240 days’ in a block of 12 months calendar with full wages.
The State Government is directed to provide every establishment to have the facility of crèche having 50 or more than 50 employees with liberty reserved to the mother to visit the crèche/nursing care at least four times daily, including the interval for rest allowed to the employees.
The State Government is also directed to grant Child Care Leave (CCL) of 730 days’ to all the female employees, whether appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis having minor children with a rider that the child should not be more than 18 years of age or older. The female employees shall be entitled to paid leave equal to the pay drawn immediately before proceeding on leave. CCL can be combined with leave of the kind due and admissible.
The State Government is also directed to grant 15 days’ paternity leave to a male employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis to enable the father to look after the mother and child. This leave can be combined with leave of any other kind.
The State Government is also directed that a female employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis, with fewer than two surviving children, on valid adoption of a child below the age of one year be granted child adoption leave for a period of 135 days’ immediately after the date of valid adoption.
The State Government shall not dismiss, terminate, remove any female employee whether appointed on contractual basis, ad hoc/tenure or temporary basis immediately before her delivery and thereafter to deprive her of maternity leave, adoption leave and child care leave etc.
The Chief Secretary shall personally be responsible to comply with these mandatory directions in letter and spirit.
To know more about - Uttarakhand High Court order dated 15.12.2016 click on the link below
https://cdn2.stacowiki.in/media/file...e_15122016.pdf
From India, undefined
15The Uttarakhand High Court has directed the government to grant maternity leave to all the female employees with full pay for 180 days, even for those working on contractual basis, ad hoc/tenure or temporary basis. The high court also held that a female employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis is also entitled to child adoption leave for 135 days, in case of valid adoption of child below the age of one year.
A division bench was held comprising Justice Rajiv Sharma and Justice Alok Singh in which it was included that ‘maternity benefit is a social insurance’.
“There should be a system for breastfeeding/ nursing care at the workplace. The maternity leave is key for maternal and child health and family support. The maternity leave is of utmost importance to fight against social injustice, poverty and gender inequality,” the bench said.
It also held that, a male government servant is also entitled paternity leave for at least three weeks to enable the father to look after the mother and child.
Child Care Leave
The bench also held that, as per the recommendation of the 6th Central Pay Commission, a female government employee is entitled to Child Care Leave (CCL) of 730 days during the entire service (it will not be admissible, if the child is 18 years of age or older).
“However, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It can be availed of in more than one spell. As per the Government of India, Department of Personnel and Training order dated 11.09.2008, it can be combined with leave of the kind due and admissible,” it said.
The bench observed that labour laws are required in conformity with the recommendations made by the International Labour Organization read with Article 42 of the Constitution of India.
Summary of Directions
The respondent-State is directed to grant maternity leave to all the female employees with full pay for 180 days, even for those working on contractual basis, ad hoc/tenure or temporary basis.
The State Government is further directed to grant at least 60 days’ maternity leave to the daily wage female employees working for more than 240 days’ in a block of 12 months calendar with full wages.
The State Government is directed to provide every establishment to have the facility of crèche having 50 or more than 50 employees with liberty reserved to the mother to visit the crèche/nursing care at least four times daily, including the interval for rest allowed to the employees.
The State Government is also directed to grant Child Care Leave (CCL) of 730 days’ to all the female employees, whether appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis having minor children with a rider that the child should not be more than 18 years of age or older. The female employees shall be entitled to paid leave equal to the pay drawn immediately before proceeding on leave. CCL can be combined with leave of the kind due and admissible.
The State Government is also directed to grant 15 days’ paternity leave to a male employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis to enable the father to look after the mother and child. This leave can be combined with leave of any other kind.
The State Government is also directed that a female employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis, with fewer than two surviving children, on valid adoption of a child below the age of one year be granted child adoption leave for a period of 135 days’ immediately after the date of valid adoption.
The State Government shall not dismiss, terminate, remove any female employee whether appointed on contractual basis, ad hoc/tenure or temporary basis immediately before her delivery and thereafter to deprive her of maternity leave, adoption leave and child care leave etc.
The Chief Secretary shall personally be responsible to comply with these mandatory directions in letter and spirit.
To know more about - Uttarakhand High Court order dated 15.12.2016 click on the link below
https://cdn2.stacowiki.in/media/file...e_15122016.pdf
From India, undefined
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