Dear Connections,
I would say that she will not get the benefit of Maternity Leave, as by law, it clearly states that it is for two surviving children, which you already have, and this will be your third child. Nowhere is it mentioned in the law that they refer to the "NO. OF DELIVERIES". Also, since your wife is a central government employee, benefits which are given to children, for example - LTC, Child Care Leave, will also be for the first two children.
Sharing with you an example - Let's say if you would like to avail LTC, there you will not mention that the first two children were from the first delivery and the third one is from the second delivery. Hence, all should be covered. Similarly, here also they will consider only the number of children and not the number of deliveries.
Hope this helps.
Regards, Shweta Gehlot
From India, Delhi
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9I would say that she will not get the benefit of Maternity Leave, as by law, it clearly states that it is for two surviving children, which you already have, and this will be your third child. Nowhere is it mentioned in the law that they refer to the "NO. OF DELIVERIES". Also, since your wife is a central government employee, benefits which are given to children, for example - LTC, Child Care Leave, will also be for the first two children.
Sharing with you an example - Let's say if you would like to avail LTC, there you will not mention that the first two children were from the first delivery and the third one is from the second delivery. Hence, all should be covered. Similarly, here also they will consider only the number of children and not the number of deliveries.
Hope this helps.
Regards, Shweta Gehlot
From India, Delhi
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Dear Shweta,
During my wife's twin delivery, she had to take 12 months of leave as the case was complicated. Raising twins at a time was more difficult than raising one child. She also applied for 12 months of maternity leave (2 maternity leaves since there were two babies). However, she was denied and was only given 6 months of leave. At that time, she should have been granted 2 maternity leaves as you mentioned that the law never refers to the "number of deliveries." What is your argument on this?
From India, New Delhi
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During my wife's twin delivery, she had to take 12 months of leave as the case was complicated. Raising twins at a time was more difficult than raising one child. She also applied for 12 months of maternity leave (2 maternity leaves since there were two babies). However, she was denied and was only given 6 months of leave. At that time, she should have been granted 2 maternity leaves as you mentioned that the law never refers to the "number of deliveries." What is your argument on this?
From India, New Delhi
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Hello, I am a postal employee. I had a stillbirth during my first pregnancy in 2013. Then I had a daughter in 2014. Both times, I was granted six months of maternity leave. Now, in 2019, I had a son. However, this time, maternity leave has not been granted. If maternity leave is allowed for two surviving children, am I eligible for a third maternity leave?
From India, Mumbai
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From India, Mumbai
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In the above case, the employee is entitled for maternity leave. The employee ought to have represented and if not successful, could have sought judicial review.
From India, Kochi
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From India, Kochi
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