Obviously, more effort is required to raise twin infants at a time than a single infant. Therefore, more time is needed in the case of twins to recover to a normal state. My wife took an extra 6 months of leave (childcare leave) during her twin pregnancy. Due to the twins, her doctor advised her to be on bed rest. She took maternity leave 2 months prior to delivery. The government should have provided her with 2 maternity leaves of 6 months each during that time. If a woman is pregnant with twins, it's not her fault. It's a natural occurrence and should be considered in government rules.
Regards,
Anees
From India, New Delhi
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7Regards,
Anees
From India, New Delhi
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Moreover, I am working in the central government PSU. My company is ready to give me 15 days of paternity leave. They informed me that since I have taken it only once, we are granting you the leave a second time.
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Anees
From India, New Delhi
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Regards,
Anees
From India, New Delhi
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This is exactly what I wanted to say. We are too engrossed in the acts that we forget how holy and precious journey to motherhood is.
From India, Delhi
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From India, Delhi
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in that condition she is entitle for taking maternity leave.
From India, Ghaziabad
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From India, Ghaziabad
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Maternity Leave for 2nd time can be granted if the woman employee gave birth twins in First delivery.
From India, Tadepallegudem
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From India, Tadepallegudem
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Yes, good query, sir. In general, your wife is eligible for maternity leave. The HOD was misled by some in denying her 2nd delivery ML. The law states to provide ML for 2 deliveries irrespective of child births, 1 or 2. The second delivery should be given ML undoubtedly. I don't think there are any guidelines to stop benefits in your case. We are providing financial assistance to women workers for two deliveries, irrespective of the number of childbirths in the first delivery, etc. So, you are eligible for both maternal and paternal leaves. You can challenge this with higher authorities of your department. Why not discuss? Suppose, unfortunately, for a lady in the first delivery has no living child. Did that gentleman HOD allow up to the 3rd delivery to fulfill the condition of two living childbirths?
From India, Nellore
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From India, Nellore
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Admittedly, the query relates to a Central government employee. Grant of leave to such employees is governed by the provisions of CCS (Leave) Rules, 1972, a statutory rule notified under Article 309 of the Constitution. Rule 43 provides for Maternity Leave:
43. Maternity Leave
(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
The Leave Sanctioning Authority is bound by the above statutory provision; there is no discretion left to him. The decision of the reported decision of the High Court could be distinguished in as much as that decision has been in the light of the provisions of the Maternity Benefit Act. Hence the ratio laid down need not be binding; it is only directory.
However, the employee can seek relaxation in terms of the provisions of Rule 65:
65. Power to Relax
Where any Ministry or Department of the Government of India is satisfied that the operation of any of these rules causes undue hardship in any particular case, that Ministry or Department, as the case may be, may by order, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such an extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner: Provided that no such order shall be made except with the concurrence of the Ministry of Personnel, Public Grievances, and Pensions.
Else, she may seek judicial review by approaching the Central Administrative Tribunal.
From India, Kochi
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43. Maternity Leave
(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
The Leave Sanctioning Authority is bound by the above statutory provision; there is no discretion left to him. The decision of the reported decision of the High Court could be distinguished in as much as that decision has been in the light of the provisions of the Maternity Benefit Act. Hence the ratio laid down need not be binding; it is only directory.
However, the employee can seek relaxation in terms of the provisions of Rule 65:
65. Power to Relax
Where any Ministry or Department of the Government of India is satisfied that the operation of any of these rules causes undue hardship in any particular case, that Ministry or Department, as the case may be, may by order, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such an extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner: Provided that no such order shall be made except with the concurrence of the Ministry of Personnel, Public Grievances, and Pensions.
Else, she may seek judicial review by approaching the Central Administrative Tribunal.
From India, Kochi
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Dear Friends,
I have a doubt beyond the set context. With recent developments about having kids through "Surrogacy," a child born to a surrogate mother is never recognized as the child of the surrogate mother. The child is considered to be the child of the Commissioning Parents only.
In this case, how many times can the "Surrogate Mother" get Maternity Benefit and Maternity Leave? Please shed some light on this.
Regards,
EVR
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I have a doubt beyond the set context. With recent developments about having kids through "Surrogacy," a child born to a surrogate mother is never recognized as the child of the surrogate mother. The child is considered to be the child of the Commissioning Parents only.
In this case, how many times can the "Surrogate Mother" get Maternity Benefit and Maternity Leave? Please shed some light on this.
Regards,
EVR
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Case name: Smt. Urmla Masih v. State of Uttarakhand & another - In this case, the High Court of Uttarakhand made a remarkable judgment by holding that denying maternity leave to a female employee on the grounds of having a third child is unconstitutional.
The court's decision sets an important precedent for upholding the rights of female employees and ensuring gender equality in the workplace. Maternity leave is a fundamental right that should be granted without discrimination based on the number of children a woman has. This ruling serves as a significant step towards promoting a more inclusive and supportive work environment for women.
It is crucial for organizations to adhere to such legal rulings and policies to create a fair and respectful workplace for all employees, regardless of gender or family status. Denying maternity leave based on the number of children a woman has not only violates her rights but also perpetuates gender discrimination. Companies should prioritize supporting working parents and implementing policies that promote a healthy work-life balance for their employees.
From India, Delhi
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The court's decision sets an important precedent for upholding the rights of female employees and ensuring gender equality in the workplace. Maternity leave is a fundamental right that should be granted without discrimination based on the number of children a woman has. This ruling serves as a significant step towards promoting a more inclusive and supportive work environment for women.
It is crucial for organizations to adhere to such legal rulings and policies to create a fair and respectful workplace for all employees, regardless of gender or family status. Denying maternity leave based on the number of children a woman has not only violates her rights but also perpetuates gender discrimination. Companies should prioritize supporting working parents and implementing policies that promote a healthy work-life balance for their employees.
From India, Delhi
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