My wife work as contract teacher and had her contract from 10oct 2021 till 15 June 2022, but she got admitted to hospital on 10th june due to some pregnancy related emergency. She gave birth to baby girl via sergery on 13 june 2022. We informed school and department about this on 16june 2022 and applied for maternity leave from 10june onwards.
Her contract again renewed on 1july 2022 till 30march2023. On July 4 2022, her department issued a maternity leave order from 10june 2022 till 6dec 2022. We conveyed this order to school also. But now they are not giving salary saying that issued order is not valid, my wife have to join school immediately and no maternity leave will be given to her. Can someone please guide me what I have to do.
From India, Delhi
Her contract again renewed on 1july 2022 till 30march2023. On July 4 2022, her department issued a maternity leave order from 10june 2022 till 6dec 2022. We conveyed this order to school also. But now they are not giving salary saying that issued order is not valid, my wife have to join school immediately and no maternity leave will be given to her. Can someone please guide me what I have to do.
From India, Delhi
Please let us know under which rules she has been getting appointment? Is it under any state education rules or is it that the teachers come under the same labour Acts? You have mentioned about 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 the employer only can renew the contract.
Please let us know further details.
Umakanthan Sir, please join us for the discussion.
From India, Kannur
4249If 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 the employer only can renew the contract.
Please let us know further details.
Umakanthan Sir, please join us for the discussion.
From India, Kannur
Dear Mr.Madhu,
A volley of same and similar doubts arises to me also on reading the post. It is for the poster to clarify the doubts by providing necessary information.
What I can understand first is that the teacher is an employee of a private school in Delhi. It is not clear whether it is an aided private school or unaided or a minority institution. Whatever it be, certainly it would be coming 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 provision for formation of Tribunal to look into claims relating to service grievances.
The narrative of the post indicates that the FT 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 the the sanction of maternity leave only.
Simply put, when the FTC stands extended, the maternity leave during the phase of extension cannot be refused.
If my above presumptions are correct, the poster has to approach the Director of School Education for Delhi or the authority created under the above Act.
I would like to add also 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
A volley of same and similar doubts arises to me also on reading the post. It is for the poster to clarify the doubts by providing necessary information.
What I can understand first is that the teacher is an employee of a private school in Delhi. It is not clear whether it is an aided private school or unaided or a minority institution. Whatever it be, certainly it would be coming 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 provision for formation of Tribunal to look into claims relating to service grievances.
The narrative of the post indicates that the FT 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 the the sanction of maternity leave only.
Simply put, when the FTC stands extended, the maternity leave during the phase of extension cannot be refused.
If my above presumptions are correct, the poster has to approach the Director of School Education for Delhi or the authority created under the above Act.
I would like to add also 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
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, ie, the employer or the department? If the employer is not ready to renew the contract, the termination is automatic as per 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
From India, Kannur
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf