My wife is a central government employee working in Central Excise & Customs. She has recently delivered our third child. In her previous delivery, she had twins and was granted 6 months of maternity leave. This time, for our third child, she applied for another 6 months of maternity leave, but it was denied on the grounds that maternity leave is typically granted for up to two surviving children. I believe that since she has only taken maternity leave once before for the twins, she should be granted leave for the third child as well. Unfortunately, her department's Head of Department (HOD) is not approving the leave. What are her options?
From India, New Delhi
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7From India, New Delhi
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From India, Kannur
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From India, Kannur
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Dear Anony,
This is an exceptional case wherein you had twins from the first delivery. Under such a circumstance, the leaves and maternity benefit are restricted to the number of deliveries and not the number of babies delivered in each delivery.
Your wife should talk to the HR or the personnel department. Seek legal recourse if this is still denied.
Regards,
Rahul Chhabra
From India, Delhi
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This is an exceptional case wherein you had twins from the first delivery. Under such a circumstance, the leaves and maternity benefit are restricted to the number of deliveries and not the number of babies delivered in each delivery.
Your wife should talk to the HR or the personnel department. Seek legal recourse if this is still denied.
Regards,
Rahul Chhabra
From India, Delhi
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Dear Friend, as rightly pointed by Mr Rahul, your wife is eligible for ML.Please Peruse attachment in this connection of Madras High Court Judgement which is similar to your case
From India, New Delhi
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From India, New Delhi
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"No Issue cap for Maternity Leave" Madras High Court Judgement
From India, New Delhi
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From India, New Delhi
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Dear Srinath and Rahul,
In her application, she already provided a reference to the Madras High Court judgment. However, her boss denied it, stating that the rule in the rule book regarding maternity leave is for up to two surviving children, with no mention of cases involving twin pregnancies or the number of deliveries. Her boss strictly adheres to the rule as written in the rule book. There is no personnel or HR department in her office. Her application was rejected by the highest authority in her office, the Chief Commissioner. Is there another place or government organization where she can address her grievance? What should she do? Pursuing legal action would involve significant costs for a case that could be resolved through common sense, but individuals in her office seem unwilling to think beyond the rule book.
Please let me know if you need any further assistance.
From India, New Delhi
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In her application, she already provided a reference to the Madras High Court judgment. However, her boss denied it, stating that the rule in the rule book regarding maternity leave is for up to two surviving children, with no mention of cases involving twin pregnancies or the number of deliveries. Her boss strictly adheres to the rule as written in the rule book. There is no personnel or HR department in her office. Her application was rejected by the highest authority in her office, the Chief Commissioner. Is there another place or government organization where she can address her grievance? What should she do? Pursuing legal action would involve significant costs for a case that could be resolved through common sense, but individuals in her office seem unwilling to think beyond the rule book.
Please let me know if you need any further assistance.
From India, New Delhi
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Dear members,
This is really an interesting case to discuss. I would like to express my views and a practical case faced by my very closed friend in our company.
As per my opinion the women is entitled to Maternity Benefits under the Act only for 12 weeks, coz it is clearly mentioned 26 weeks benefit will be entitled only for two surviving children. After that only 12 weeks benefit will be entitled.
Here the important point is not that how many time you get the benefit, but the more important point is that the enhanced benefit (26 weeks) is applicable only upto 2 surviving children. I strongly disagree with our learned member Mr Rahul Chhabra who said “Under such a circumstance, the leaves and maternity benefit is restricted to the number of deliveries and not number of babies delivered in each delivery”.
However, if the member had only one child earlier and in the second case the woman has twins than it will be treated at sencond time (2nd child) benefit and both the babies and woman will be entitled all benefits which are applicable as “Second Child”.
My friend has twins in the second case where our HR provide all mediclaim benefits to the twins. As per company policy only two children are covered under Mediclaim, but the HR includes all his three children (the twins are considered as a single child).
But in the above case the member already has twins in the first case, hence the enhanced benefits will not applicable to the third child.
Legally, the HOD can't deny the benefit, she is entitled for 12 weeks leaves. Recently in Uttrrakhand same case filed by a govt employee where the state govt deny to give benefits for the third child.
https://www.livelaw.in/uttarakhand-h...al-read-order/
Senior members can put more light on the matter.
From India, Delhi
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This is really an interesting case to discuss. I would like to express my views and a practical case faced by my very closed friend in our company.
As per my opinion the women is entitled to Maternity Benefits under the Act only for 12 weeks, coz it is clearly mentioned 26 weeks benefit will be entitled only for two surviving children. After that only 12 weeks benefit will be entitled.
Here the important point is not that how many time you get the benefit, but the more important point is that the enhanced benefit (26 weeks) is applicable only upto 2 surviving children. I strongly disagree with our learned member Mr Rahul Chhabra who said “Under such a circumstance, the leaves and maternity benefit is restricted to the number of deliveries and not number of babies delivered in each delivery”.
However, if the member had only one child earlier and in the second case the woman has twins than it will be treated at sencond time (2nd child) benefit and both the babies and woman will be entitled all benefits which are applicable as “Second Child”.
My friend has twins in the second case where our HR provide all mediclaim benefits to the twins. As per company policy only two children are covered under Mediclaim, but the HR includes all his three children (the twins are considered as a single child).
But in the above case the member already has twins in the first case, hence the enhanced benefits will not applicable to the third child.
Legally, the HOD can't deny the benefit, she is entitled for 12 weeks leaves. Recently in Uttrrakhand same case filed by a govt employee where the state govt deny to give benefits for the third child.
https://www.livelaw.in/uttarakhand-h...al-read-order/
Senior members can put more light on the matter.
From India, Delhi
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I would tend to agree with Pan Singh Dangwal. First delivery twins, then second delivery will be entitled for 12 weeks ML only.
From India, Pune
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From India, Pune
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Dear Contributors,
This is, in fact, an interesting scenario; however, not new at all. The Maternity Benefit (MB) Act nowhere discusses the cases wherein one has twins in the first or second delivery; therefore, we refer to the precedent of judgments given by the honorable courts.
Following is an extract of a judgment passed by the Madras High Court in "J. Sharmila vs The Secretary To Government on 19 October 2010". It states:
"The matter could have been dealt with on technical grounds, i.e., the intention of the rule is only the grant of maternity leave for the second delivery and not really based on the two children norm. The petitioner had delivered twins during her first delivery, and the second delivery was a single child. Therefore, maternity leave was confined only to the second delivery and not based on the third child norm. Therefore, the petitioner should have been granted maternity leave with full pay. If it is not construed in this way, it may produce a ridiculous result. To cite an example, if during the first delivery a woman Government servant delivers a single child and by the second delivery she delivers twins or triplets, then should she be disqualified?
In my view, she is eligible for a full 26-week maternity leave with benefits. Going by the logic of two surviving children as the act mentions, it can be argued that in the case of twins in the first delivery, double the amount of leave and benefits shall be extended as her next delivery will reduce the same benefit."
Regards,
Rahul Chhabra
From India, Delhi
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This is, in fact, an interesting scenario; however, not new at all. The Maternity Benefit (MB) Act nowhere discusses the cases wherein one has twins in the first or second delivery; therefore, we refer to the precedent of judgments given by the honorable courts.
Following is an extract of a judgment passed by the Madras High Court in "J. Sharmila vs The Secretary To Government on 19 October 2010". It states:
"The matter could have been dealt with on technical grounds, i.e., the intention of the rule is only the grant of maternity leave for the second delivery and not really based on the two children norm. The petitioner had delivered twins during her first delivery, and the second delivery was a single child. Therefore, maternity leave was confined only to the second delivery and not based on the third child norm. Therefore, the petitioner should have been granted maternity leave with full pay. If it is not construed in this way, it may produce a ridiculous result. To cite an example, if during the first delivery a woman Government servant delivers a single child and by the second delivery she delivers twins or triplets, then should she be disqualified?
In my view, she is eligible for a full 26-week maternity leave with benefits. Going by the logic of two surviving children as the act mentions, it can be argued that in the case of twins in the first delivery, double the amount of leave and benefits shall be extended as her next delivery will reduce the same benefit."
Regards,
Rahul Chhabra
From India, Delhi
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URL: [Times of India - Women govt staff with twins to get leave for 3rd child](https://timesofindia.indiatimes.com/city/chennai/women-govt-staff-with-twins-to-get-leave-for-3rd-child/articleshow/64704672.cms)
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Thank you for sharing this article from the Times of India. It highlights a positive development for women government staff in Chennai who have twins. They are now eligible to receive leave for their third child as well. This is a significant step towards supporting working mothers and recognizing their needs within the workforce.
It is crucial for organizations to implement policies that cater to the diverse needs of their employees, especially when it comes to balancing work and family responsibilities. By providing this additional leave benefit, the government is not only promoting gender equality but also acknowledging the challenges faced by mothers in the workplace.
This initiative sets a precedent for other institutions to follow suit and prioritize the well-being of their employees. It sends a powerful message that supports the idea of creating a more inclusive and supportive work environment for women.
Once again, thank you for sharing this piece of news that sheds light on progressive measures being taken to support working mothers.
From India, Pune
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Thank you for sharing this article from the Times of India. It highlights a positive development for women government staff in Chennai who have twins. They are now eligible to receive leave for their third child as well. This is a significant step towards supporting working mothers and recognizing their needs within the workforce.
It is crucial for organizations to implement policies that cater to the diverse needs of their employees, especially when it comes to balancing work and family responsibilities. By providing this additional leave benefit, the government is not only promoting gender equality but also acknowledging the challenges faced by mothers in the workplace.
This initiative sets a precedent for other institutions to follow suit and prioritize the well-being of their employees. It sends a powerful message that supports the idea of creating a more inclusive and supportive work environment for women.
Once again, thank you for sharing this piece of news that sheds light on progressive measures being taken to support working mothers.
From India, Pune
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