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Monday, June 6, 2011

Paternity and Maternity Leave-Frequently Asked Questions

Time limit for availing Paternity Leave:

Q  My wife gave birth to our first child on 8-8-2010. I applied for Paternity Leave from 4-2-2011 to 18-2-2011. But our Administration denied the leave for 15 days saying that under the existing rule, we have to exhaust the Paternity Leave within six month from the date of delivery. Since the date of delivery is 8-8-2010, the six months period expires on 7-2-2011 as such the Paternity Leave can be sanctioned from 4-2-2011 to 7-2-2011. Please state whether the action taken by the Administration is in order.

A  Paternity Leave has to be availed within six months from the date of delivery of the child and there is no provision that it should be exhausted within that period. Hence, the contention of your office is not correct.

Medical Certificate not required for availing Maternity Leave:

Q  Is it necessary as per rules for a female Govt. employee to produce MC before proceeding on Maternity Leave?

A   Few instances have been noticed where Maternity Leave has been denied for want of MC while commuted leave without MC in continuation of Maternity Leave has been sanctioned. So, Production of Medical Certificate is not necessary for availing Maternity Leave.

Maternity Leave to a female Govt. Servant who married a widower having two surviving children:

Q   I got married to a person whose wife expired leaving behind two children. Consequent to my marriage, I gave birth to a child and my Controlling Authority sanctioned me Maternity Leave, as per Leave Rules since female employees having less than two surviving children are entitled to maternity Leave.

A   However, the authorities are of the opinion that soon after my marriage, I became mother of two children of my husband who were born through his first wife and the child born to me is to be considered as third child in the family and accordingly seeking clarification from our higher authorities regarding admissibility of Maternity Leave. Kindly clarify.

On getting married to a person, the lady automatically becomes the STEPMOTHER of his children and NOT the mother. In the present case, the female Govt. servant is entitled to Maternity Leave since she is having less than two surviving children.

Maternity leave can be granted from the date of its commencement and need not necessarily be with relevance to delivery:

Q   Due to complication in my pregnancy, Doctor has advised me to take care of my child before and after delivery. Hence I applied for maternity leave for 135 days from 1-11-1999, thought he expected date of delivery is 2-2-2000. But our Administrative Officer refused to grant ML prior to delivery on the grounds that ML can be granted only from the date of its commencement vide Rule 43 (1) of CCS(Leave) Rules, 1972, and according to his interpretation, "from the date of commencement" means "from the date of delivery". Kindly let me know what is the actual meaning of this sentence.

A   Maternity leave is admissible for 135 days from the date of commencement of such leave and it does not have any relevance to the date of delivery.

45 days Maternity leave on account of abortion/miscarriage admissible in the entire service can be availed on more than one occasion:

Q  I had to undergo an abortion in November, 1999 and applied 7 days leave out of 45 days admissible to me. Again I had to undergo another abortion in August, 2002 and applied for 21 days leave out of the remaining 38 days leave admissible to me. However, the same was not sanctioned on the grounds that maternity leave on account of miscarriage/abortion can be availed only once in the entire service period. Kindly clarify.

A   As per Rule 43(3) of CCS(Leave)Rules, 1972, the total period of maternity leave on account of miscarriage/abortion should be restricted to 45 days in the entire career of a female Govt. servant and it need not be in one occasion only. The contention of your leave sanctioning authority that Maternity Leave on account of miscarriage/abortion can be availed only once in the entire period of service is not correct.

Leave in continuation of maternity leave in the case of temporary employees:

Q   Rule 43(4)(b) of CCS(Leave)Rules, 1972 is a new addition to the Leave Rules made in the interest of family welfare- for the healthy growth of the new born baby and/or restoration of the mother's health. This is part of the maternity benefit. When the leave Rules itself have not made any distinction between temporary Govt. servant and permanent Govt. servant for the grant of maternity leave, the restriction for the grant of EOL in continuation of maternity leave to temporary Govt. servants seems an unnecessary irritance. On a plain reading it is clear that the provision has been made in relaxation of the general rule. Had it been subject to the limits prescribed in Rule 32 it should have been mentioned as such. Kindly clarify.

A    We fully agree with you that maternity leave is a welfare measure in that no distinction is made between permanent and temporary employees. Rules 43(4)(b) of CCS(Leave) Rules provides for the grant of leave of the kind due and admissible up to a maximum of one year in continuation of maternity leave. No doubt, this includes EOL also. However, the relaxation given is only the exemption of medical certificates for grant of Commuted Leave [ Rule 30(1)] and LND [Rule 31(1)] for which production of medical certificate is compulsory in the normal course. Had the intention of the Govt. been to waive the limit in the amount of EOL to temporary employees, they would have certainly worded the sub-rule as "Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or subrule (1) of Rule 31 and also the provision sub-rule (2) of Rule 32". Therefore, the limit in the grant of EOL to temporary employees is very well there.

Surviving children does not include step child for eligibility of Maternity Leave I have one child by birth to me and one step child: 

Q  Recently I applied for maternity leave for my second child, for which my office has directed me to apply for other kinds of leave, since the ML can be granted to female employees with less than two surviving children only. Kindly clarify whether the term "surviving children" includes the step child also.

A   For the purpose of grant of maternity leave to female employees, expression "with less than two surviving children" does not include stepchild/children. In as much as you have only one surviving child, you are eligible for the grant of ML under the said rule. If the intention of the rule-makers was to include stepchildren also, they would have made provision in the said rule itself to the effect that "children, including, stepchildren".

courtesy:gconnect

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2 comments:

whether Maternity Leave is Applicable for newly recruited government employees,who had Delivery before one Month at the time of entry into the service? Maternity leave is applicable or not ?

I got divorce from my wife and my two children are living with her and no longer dependent on me.

Now I am remarried and got a child. Am I eligible for paternity leave, now.

My doubt is not cleared in any forum well so far, so kindly clarify it with rules or cases if possible,
thanks.

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