Posts Tagged ‘Maternity Leave’

Alternative Arrangement in Place of Employees on Child Care Leave

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Alternative Arrangement in Place of Employees on Child Care Leave

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO: 3587
ANSWERED ON: 08.08.2018

Alternative Arrangement in Place of Employees on Child Care Leave

NAGARAJAN P.  Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Union Government is aware of the fact that the office work is being totally disrupted due to absence of women employees on account of the long paid maternity leave and child care leave;

(b) if so, the details thereof;

(c) whether the Government has calculated days and assessed working during maternity/child care leave for making provisions of staff to overcome the shortage or cope up with the work in the absence of women employees who are on maternity and child care leave;
(d) if so, the details thereof; and

(e) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (e) : Disruption in the office work due to absence of women employees on account of the long paid Maternity Leave and Child Care Leave has not come to the notice of the Government. Ministries/Departments are authorized to make suitable leave arrangements to cope up the loss of work hours when an employee proceeds on any kind of leave including Maternity and Child Care Leave. There is also provision for creation of leave reserve posts to cover the leave vacancies. No centralized data is maintained in this regard.

Source : LokSabha

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Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

No. 17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
Establishment Division

Dak Bhawan, Sansad Marg,
New Delhi – 110001.
Dated: the 27th June, 2018

Office Memorandum

Subject: Introduction of Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts.

The undersigned is directed to convey the approval of the Competent Authority for introduction of the Maternity Leave for the female Gramin Dak Sevaks (Female GDSs) in Department of Posts.

2. This OM will supersede all earlier orders in respect of Maternity Leave for female Gramin Dak Sevaks (Female GDS).

3. Introduction of Maternity Leave for female GDS.

i. Female Gramin Dak Sevaks (Female GDSs) 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.

ii. During such period, she shall be paid TRCA drawn plus Dearness Allowance immediately before proceeding on leave.

iii. Maternity leave not exceeding 45 days may also be granted to female Gramin Dak Sevaks (irrespective of the number of surviving children) during the entire service of that female GDSs in case of miscarriage including abortion on production of medical certificate issued by a Government Medical Practitioner.

iv. Maternity leave may be combined with paid leave. Maternity leave shall not be debited against the paid leave account.

 

4. This OM will take effect from 01.07.2018.

5. This issues in consultation with Department of Personnel and Training vide their ID No. 14029/1/2017-Estt (L) dated 01.01.2018.

Sd/-
(S. V. Rao)
Director (Estt.)

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Ration Money Allowance during leave other than LAP

Ration Money Allowance during leave other than LAP : Railway

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 88 /2018

New Delhi, dated: 14.06.2018

No. E(P&A)I-2005/ALL/RPF-2

The General Managers and Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Ration Money Allowance during leave other than LAP.

Integral Coach Factory, Chennai had sought clarification, whether RPF staff are eligible for payment of Ration Money Allowance during their leave period other than Leave on Average Pay (LAP), i.e. Commuted Leave, Maternity Leave & Paternity Leave.

2. The matter has been examined in Board’s Office in consultation with Ministry of Home Affairs. It is clarified that no Ration Money Allowance is admissible to RPF personnel during Commuted Leave, Maternity Leave and Paternity Leave.

3. The other terms and conditions as stipulated in para 4 of Board’s letter of even number dated 10.06.2009 remain unchanged.

4. This disposes off Integral Coach Factory’s letter No. PB/CBS/RB dated 11.12.2017.

5. Please acknowledge receipt.

S/d,
(N P Singh)
Jt. Directorate/E(P&A),
Railway Board.

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Gratuity Ceiling Amendment – Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment – Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment Notifications issued by Government of India regarding Upper limit of Gratuity Payment, Date on which come into force and Maximum Period of Maternity Leave…

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1419(E).— In exercise of the powers conferred by sub-section (2) of section 1 of the Payment of Gratuity (Amendment) Act, 2018 (12 of 2018), the Central Government hereby appoints the 29th day of March, 2018 as the date on which the said Act shall come into force.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1420 (E).—In exercise of the powers conferred by sub-section (3) of section 4 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies that the amount of gratuity payable to an employee under the said Act shall not exceed twenty lakh rupees.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1421 (E).—In exercise of the powers conferred by clause (iv) of the Explanation to sub-section (2) of section 2A of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies for the purposes of the said clause that the total period of maternity leave in the case of a female employee shall not exceed twenty-six weeks.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

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Maternity Benefit (Amendment) Act

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 3884
ANSWERED ON: 19.03.2018

Maternity Benefit (Amendment) Act

RAJENDRA AGRAWAL

MALLIKARJUN KHARGE

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether majority of the women in the country are not able to avail maternity leave under the Maternity Benefits Act, 2017 due to their working in the unorganized sector and if so, the details thereof;

(b)whether the Government is considering any proposal to include women working in the unorganized sector to enable them to avail the benefits under the Act, and if so, the details thereof;

(c)whether the Government is anticipating decline in rate of labour force participation of female population due to discriminatory hiring practices by the employers in order to prevent maternity benefits available under the said Act; and

(d)if so, the details thereof along with the corrective steps taken/proposed to be taken by the Government in this regard?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): No, Madam. Maternity Benefit Act, 1961 is applicable to establishments employing 10 or more women irrespective of whether it is organised or unorganised sector.

(c) & (d): No, Madam. The Government is of the opinion that with enforcement of the Maternity Benefit (Amendment) Act, 2017, more and more women workers would be inclined to seek employment which will lead to increase in women labour participation rate. There are stringent provisions under the Maternity Benefit Act, 1961 for prevention of discriminatory practices against women work force.

Source: Lok Sabha

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Central Government Approves Maternity Leave For Employees Opting For Surrogacy

Central Government Approves Maternity Leave For Employees Opting For Surrogacy

The ministry has written to all central government departments about a 2015 Delhi High Court order on this issue.

Central government’s women employees, whose children are born through surrogacy, will now be entitled to maternity leave, according to an official order of the personnel ministry.

The employees can avail of paid maternity leaves up to 26 weeks (about 180 days).

The ministry has written to all central government departments about a 2015 Delhi High Court order on this issue.

“All ministries / departments are advised to give wide publicity of its contents to the concerned officers,” the personnel ministry said in its latest directive to all the ministries and enclosed a copy of the court’s order with it.

The court verdict had come on a plea by a Kendriya Vidyalaya teacher who had twins through surrogacy but was denied maternity leave as she was not the biological mother.

“A female employee, who is the commissioning mother, would be entitled to apply for maternity leave,” the court had held.

Based on material placed before it, the competent authority would decide on the timing and the period for which maternity leave ought to be granted to a commissioning mother who adopts the surrogacy route, the court said.

The scrutiny would be keener and detailed, when leave is sought by a female employee, who is the commissioning mother, at the pre-natal stage, it said.

In case maternity leave is declined at the pre-natal stage, the competent authority would pass a reasoned order having regard to the material, if any, placed before it, by the female employee, who seeks to avail maternity leave, the court order said.

In a situation where both the commissioning mother and the surrogate mother are employees, who are otherwise eligible for leave (one on the ground that she is a commissioning mother and the other on the ground that she is the pregnant women), suitable adjustment would be made by the competent authority, it said.

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Maternity leave DoPT Order: Rule 43, which makes provision for maternity, for the sake of convenience

DoPT: Delhi High Court order on maternity leave in case of surrogacy

Maternity-Leave-DoPT-Order-Rule-43

No.13018/6/2013 -Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

JNU Old Campus, New Delhi
Dated 29 January, 2018

OFFICE MEMORANDUM

Subject: Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others – reg.

The undersigned is directed to enclose herewith Hon’ ble High Court of Delhi’s Order dated 17th July, 2015 in the Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others.

2. All Ministries/Departments are advised to give wide publicity of its contents to the concerned officers.

3. This issues with the approval of Secretary (P).

(Sandeep Saxena)
Under Secretary to the Govt. of India

As per standard mailing list.
Copy to:
NIC, DOPT – for uploading on the website.

12.4 Rule 43, which makes provision for maternity, for the sake of convenience, is extracted herein below:

“…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 day’s) 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. NOTE :- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

(3) Maternity leave not exceeding 45 days may also be granted to a female  Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19: ‘Provided that the maternity leave granted and availed of before the commencement of the CCS(Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule’.

(4) (a) Maternity leave may be combined with leave of any other kind. (b)  Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

(5) Maternity leave shall not be debited against the leave account…”

Read More: DoPT-Orders-2018

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Amendment in Maternity Benefit Act

Amendment in Maternity Benefit Act

The working women already on maternity leave are entitled to enhanced maternity leave subject to fulfillment of other conditions.

As per the Maternity Benefit (Amendment) Act, 2017, it has been made mandatory for the establishments employing 50 or more employees to provide crèche facility, either separately or along with common facilities within a prescribed distance.

This information was given by Shri Santosh Kumar Gangwar, Union Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

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Maternity Benefit Amendment Act 2017

Maternity Benefit Amendment Act 2017

Maternity-Benefit-Amendment-Act-2017

F.No-S-36012/03/2015-SS-I
Government of India
Ministry of Labour & Employment

Sharam Shakti Bhawan, New Delhi
28 August, 2017

To
The Secretary,
Labour Department,
All State Governments/UT Administrators

Subject: The Maternity Benefit (Amendment) Act,2017

Sir/Madam,

Kind reference is invited to Ministry of Labour & Employment’s earlier letter number S-36012/03/2015-ss-I dated 12.04.2017 (copy enclosed) highlighting the recent amendments made to Maternity Benefit Act, 1961. The Ministry had also clarified therin certain points of doubts to facilitate smooth implementation of the provisions of the said Act, specially in respect of coverage of contractual workers under the Act. This Ministry in the recent past have been receiving a number of complaints and grievances from working women stating non-implementation of the provisions of the M.B. Act including alleged dismissal of few women by the employers in violation of section 12 of the said Act, non coverage of contractual employees, etc. The honourable National Commission for women has also taken serious view of such denial of rights of working women. This Ministry would, therefore, urge all the State/UT Labour Commissioners (which is the implementing authority under the M.B. Act) to effectively enforce the provisions of M.B. Act, and take strict punitive action against defaulting employers and ensure that the provisions of the statute are implemented in true spirit and letter to protect the rights of working women enshrined in the Act.

Yours faithfully
sd/-
(Manish Kumar Gupta)
Joint Secretary, Govt of India

Source: Confederation

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Employment of women and girls in Government organisations/Agencies

Employment of women and girls in Government organisations/Agencies

women-employment-central-government

The Government has been making concerted efforts to encourage the women to join Government service by providing some special facilities as enumerated below:

(i) maternity leave

(ii) child care leave

(iii) child adoption leave

(iv) special allowance to women with disability

(v) provision of crèche facility

(vi) posting of husband and wife at the same station

(vii) special priority in allotment of residential accommodation

(viii) provision for protection of women from acts of sexual harassment

(ix) special Leave connected with inquiry on sexual harassment

(x) age relaxation for appointment of widows, divorced woman and women judicially separated from their husbands and who are not remarried

(xi) special dispensation for woman officers of All India Services of North East cadre

(xii) exemption from payment of fee for examinations conducted by the Union Public Service Commission and Staff Selection Commission.

(xiii) Nomination of a women employee in Department Promotion Committee (DPCs). Institutional mechanisms, besides the Committees to prevent sexual harassment, exist in Government service for redressal of grievances of various nature of the women employees.

(xiv) Association of a lady member in Selection Committee/Board for 10 or more vacancies (at all levels).

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in written reply to a question by Shri Parimal Nathwani in the Rajya Sabha today.

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Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017

Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017

The Government has notified the Maternity Benefit (Amendment) Act,2017 on 28th March,2017 and the provisions of the Amendment Act have come into force with effect from 1st April,2017, except those relating to creche facility {Section 4(1)} which would come into force from 01.07.2017.

Keeping in view queries received from various quarters, the Ministry of Labour & Employment, on 12.04.2017, had issued certain clarifications on various provisions of Maternity Benefit (Amendment) Act, 2017. One of the clarifications issued by the Ministry stated that the enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act.

Having received further queries and to remove doubts, it is further clarified that it is mandatory on the part of employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. as on 01.04.2017.

PIB

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The Maternity Benefit (Amendment) Act 2017

The Maternity Benefit (Amendment) Act, 2017

No. S·36012/03/2015-S5-1
Government of India
Ministry of Labour & Employment

Shram Shakti Bhawan, Rafi Marg,
New Delhi, dated 12th April, 2017

To

The labour Department,
All States/Union Territories

Sub: The Maternity Benefit (Amendment) Act, 2017 – reg.

Sir/Madam,

In line with recommendations of the 44th, 45th & 46th Session of Indian Labour Conference (ILC) and demands from various quarters, the Government has recently enacted the Maternity Benefit (Amendment) Act, 2017. Through this Amendment Act, following provisions have been added to the Maternity Benefit Act, 1961:-

Increase in the maternity leave from existing 12 to 26 weeks for working women with less than two surviving children.

  • Provisions for work from home for nursing mothers.
  • Mandatory provisions for establishments having fifty or more employees to have the facility of creche.
  • Extension of twelve weeks of maternity benefit to the ‘commissioning mother‘ and the ‘adopting mother‘ from the date the child is handed over.

Provisions of the Amendment Act have come in to force w.e.f 1st April, 2017, except those relating to creche facility (Section 4( 1)} which would come into force from 01.07.2017.

2. After the enactment of the said Act, the Ministry has been receiving numerous queries relating the revised provisions of the Act. The Ministry has examined such queries in consultation with Chief Labour Commissioner (Central) and the same are clarified as below :-

S No. Query Clarification
1. Applicability of the Act to contractual or consultant women employees. Since there is no amendment in Sec. 2 of the Act, hence the original provision will prevail. The Act is applicable to all women who are employed in any capacity directly or through any agency i.e. either on contractual or as consultant.
2. Whether enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act? Yes.
3. Whether enhance maternity benefit can be extended to those women who have joined after availing 12 weeks of the maternity leave? Those women employee who had already availed 12 weeks of maternity leave before enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. 1st April,2017, shall not be entitled to avail the extended benefit of the 26 weeks leave.
4. Protection of women in case she is fired by the employer after learning her pregnancy? Under Section 12 of the M.B. Act, 1961 it is emphasized that any dismissal or discharge of a women during the pregnancy is unlawful and such employer can be punished under Section 21 of the Act.
5. Whether benefits of this Act can be extended to the employed women in the unorganized Sector The Maternity Benefit Act is applicable to all mines, plantations, shops and establishments and factories. Mines, plantations, shop and establishments could be either in organized sector or unorganized sector. Also, clarification at SL. No.1 may be seen.

3. It is requested that these clarifications may be noted for compliance and also circulated widely so as to make the pregnant working women aware of their rights.

Yours faithfully,
(H.L. Meena)
Director (SS)

Source: The Maternity Benefit (Amendment) Act,2017

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Grant of maternity leave for female government servant – Clarification

Grant of maternity leave for female government servant – Clarification
maternity-leave-female-government-servant
IMPORTANT CIRCULAR
CGDA, Ulan Batar Road, Palam, Delhi Cantt – 110 010

AN/XIV/19404/Leave Matters/Vol-III

Dated: 19-04-2017

To

All PCsDA/CsDA/PCA (Fys)

Subject: Grant of maternity leave – Clarification

A
reference was made to DoP&T regarding quantum of maternity leave
admissible to a female government servant consequent upon death of the
child(s) after birth.

2. In reply, DoP&T has clarified that –
” in case of death of child shortly after birth, the woman employees
may be granted Maternity Leave of two months for recovery after delivery
of the child”.

3. Similar cases/requests may be regulated accordingly.

(Kavita Garg)
Sr.Dy.CGDA (AN)

Signed Copy

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Women to get 26 weeks maternity leave, President nod to new law

Women to get 26 weeks maternity leave, President nod to new law

New Delhi: Women employees will now be able to get paid maternity leave of 26 weeks, up from 12 weeks, as per a new law.

President Pranab Mukherjee has given assent to the Maternity Benefit (Amendment) Act, 2017 that has made changes in some of the provisions of over 55-year-old law entitling certain benefit to women employees.

The new law makes it mandatory for every establishment with fifty or more employees to have the facility of creche within a prescribed distance.

The employer is also bound to allow four visits a day to the creche by a woman.

Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the new law, the statute says.

An employer can also permit a woman to work from home after she has availed maternity leave.

“In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree,” it says.

The law also allows maternity leave of 12 weeks for a woman who adopts a child below the age of three months, and for commissioning mother (a biological mother who uses her egg to create an embryo implanted in any other woman).

The entitlement of 26 weeks paid leave under the law is only for first two children. A woman with two or more children will be entitled to 12 weeks of maternity leave, says the law which will apply to all establishments employing 10 or more people.

The statute that will help approximate 1.8 million women workforce in organised sector, has amended Maternity Benefit Act, 1961 that regulates grant of maternity benefit to women employees in certain establishments.

The Maternity Benefit (Amendment) Bill was passed by Lok Sabha on March 9 and Rajya Sabha on March 20.

India is at third position globally in terms of the number of weeks of maternity leave after Canada (50 weeks) and Norway (44 weeks).

The president gave his assent on Monday.

PTI

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Maternity Leave in Private Sector

Maternity Leave in Private Sector

Maternity benefits to workers in the private sector are regulated under Employees’ State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 1961. The Government has already enhanced paid maternity leave from 12 weeks to 26 weeks for up to two surviving children under the ESI Act,1948 vide notification dated 20.01.2017. So far as enhanced benefits under MB Act, 1961 are concerned, the Government introduced Maternity Benefit (Amendment) Bill, 2016 before Rajya Sabha. The said Bill was passed by the Rajya Sabha on 11.08.2016 and Lok Sabha has also passed the Bill with some amendments on 09.03.2017.

Both the Acts provide for protection of rights of working women through robust and proper mechanism including inspections by the field officers. The Acts provide for stringent penalties, including imprisonment, for violations of its provisions to ensure proper implementation.

This information was given by Shri Bandaru Dattatreya, the Minister of State (IC) for Labour and Employment,in written reply to a question in Rajya Sabha today.

PIB

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Enhancement of Maternity Leave – Lok Sabha Q&A

Enhancement of Maternity Leave – Lok Sabha Q&A

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 672
ANSWERED ON: 06.02.2017

Maternity Leave

SHASHI THAROOR
Will the Minister of

LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether the Government proposes to extend the time span of the compulsory paid maternity leave from 12 weeks to 26 weeks in private organizations;
(b)if so, the details thereof;
(c)whether the Government also proposes to amend section 4 of the Maternity Benefits Act, 1961, to ensure that women employed in various public sector undertakings receive the same benefit; and
(d)if so, the details thereof and if not, the reasons therefor?

ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) & (b): Yes, Madam. The Government has decided to enhance the paid maternity leave from existing 12 weeks to 26 weeks and an Amendment Bill in this regard was introduced in the Rajya Sabha. The Rajya Sabha has already passed the Bill on 11.08.2016. With regard to women workers covered under Employees’ State Insurance Act, 1948, such enhancement has already been effected by amending the ESI (Central) Rules,1950.

(c) & (d): There is no proposal to amend Section 4 of the Maternity Benefit Act, 1961. The benefits under this Act are already applicable and available to women employed in various public sector undertakings.

Authority: www.Loksabha.nic.in

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Types of Leave applicable to Central Government Employees as per Leave Rules

Types of Leave applicable to Central Government Employees as per Leave Rules

A brief on all Types of Leave applicable to Central Government Employees as per Leave Rules – Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due, Maternity Leave, Paternity Leave, Study Leave, Extraordinary Leave, Chile Care Leave and More

1. Earned Leave: Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave: All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave: This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.

It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due: This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave : Maternity leave is granted to women government employees.

1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.

2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave : A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave: Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.

The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.

The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.

Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave : Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave : In a calendar year eight days of casual leave is permissible.

Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.

(ii) It cannot be combined with joining time.

(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.

(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.

(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.

(vi) Casual Leave can be taken for half day also.

(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.

(viii) LTC can be availed du ring Casual Leave.

(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave : Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..

Conditions for Child Care Leave

1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.

2. It can be availed in more than one spell.

3. It can not be debited against the leave account.

4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave: Hospital leave is admissible to Group ‘C’ employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group ‘D’ Employees.

Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement : The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of ‘earned leave’.

No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave : Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.

May be combined with any other leave.

Will count as service for pension.

Will not be debited to the leave account.

14. Child Adoption Leave: Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.

It may be combined with leave of any other kind. Leave not debited against the leave account.

15. Leave to Probationers : A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices : Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship

Be the first to comment - What do you think?  Posted by admin - January 11, 2017 at 10:15 am

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Maternity Leave (ML) for Railway Employees

Maternity Leave (ML) for Railway Employees

  • It is a full pay leave not debited to any account.
  • It is granted as under:

    For confinement

    180 days

    Miscarriage/Abortion

    45 days during service

    Female Casual workers

    4 weeks

  • Temporary Railway employees may be granted Maternity Leave if their employment is likely to continue till they come back to service may be granted Maternity Leave on the basis of Medical Certificate.
  • It may be combined with any other type of leave.
  • Any leave (including LND) upto a maximum 2 years may be granted in continuation of ML if applied for without Medical Certificate.

Source: Maternity Leave

Be the first to comment - What do you think?  Posted by admin - November 12, 2016 at 8:01 am

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Maternity Leave increased to 270 Days for Women Employees – Tamilnadu Government issued orders

ABSTRACT

Tamil Nadu Fundamental Rules – Rule 101(a) – Maternity Leave – Enhancement of maternity leave from 6 months (180 days) to 9 months (270 days) – Orders issued

PERSONNEL AND ADMINISTRATIVE REFORMS (FR.III) DEPARTMENT

G.O.(Ms.) No.105

Dated: 07.11.2016

Read:
1. G.O.(Ms.) No.51, Personnel and Administrative Reforms (FR-III) Department, dated 16.05.2011.
2. G.O.(Ms.) No.61, Personnel and Administrative Reforms (FR-III) Department, dated 16.06.2011.
3. G.O.(Ms.) No.138, Personnel and Administrative Reforms (FR-IV) Department, dated 19.11.2013.

ORDER:

In the Government orders first and second read above, orders were issued enhancing the maternity leave from 90 days to 180 days to married women Government servants, with less than two surviving children, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. Accordingly, in the Government Order third read above, Rule 101(a) of the Fundamental Rules was also amended.

2. The Government, after careful consideration, based on the announcement made in the Tamil Nadu Legislative Assembly by the Hon’ble Chief Minister on 01.09.2016, under rule 110 of the Legislative Assembly Rules order that the maternity leave admissible to married women Government Servants with less than two surviving children, which is 6 months (180 days) at present, be enhanced to 9 months (270 days), with full pay, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. The women Government Servants who proceeded on maternity leave, prior to the date of issue of this order and continue to be on that leave as of now, are also eligible for availing maternity leave upto 9 months (270 days), in total.

3. Necessary amendments to the Fundamental Rules will be issued separately.

(BY ORDER OF THE GOVERNOR)

S.SWARNA
SECRETARY TO GOVERNMENT

Authority: www.tn.gov.in

Be the first to comment - What do you think?  Posted by admin - November 8, 2016 at 8:31 am

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Proposals on Child Care Leave (CCL) and Maternity Leave

No. 13018/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
****

Old JNU Campus, New Delhi 110 067
Dated: 01.04.2016

OFFICE MEMORANDUM

Subject:- Proposals on Child Care Leave (CCL) and Maternity Leave — Reg.

This is regarding proposals on the subject of Maternity Leave and CCL that are under consideration in this Department. In this connection, a workshop was held in DoPT on 28.01.2016 with the stakeholder Departments on the following issues and the consensus emerged as follows:
(a) Maternity/CCL in case of surrogacy: There is no provision at present for any kind of Leave for surrogate/commissioning mothers. It is proposed that 180 days maternity leave may be granted to the surrogate as well as commissioning mothers, in case either/both of them are Government servants. The commissioning mother also requires time for bonding with her child and to take care of him/her and hence would also become eligible for Child Care Leave. Paternity Leave may also be granted in case of surrogacy.
(b) Age Limit for CCL in case of disabled children: It is proposed that the age limit for CCL in case of disabled children needs to be done away with since the requirement of parental care may be more/stronger when the disabled child grows older. It may therefore be allowed to provide for CCL in the case of disabled children — the ‘disability’ being clearly defined by the Ministry of Social Justice & Empowerment – without any age limit provided the maximum CCL that can be availed remains within the ceiling of 730 days.
(c) Leaving HQ/availing LTC while on CCL: At present leaving headquarters or availing LTC are not permissible during CCL. The underlying intent of CCL is to allow care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Thus, it is not restricted to exam and sickness alone. Taking care may also include ensuring their rest and recreation and towards that objective leaving headquarters or availing LTC can be allowed. It is thus proposed that the employees may be permitted to leave headquarters/avail LTC while they are on CCL, provided clearances from appropriate competent authorities are taken while proceeding on foreign travel.

(d) CCL minimum for at least five days: Vide this Department O.M. No.13018/6/2013-Estt.(L) dated 5 th June, 2014 the stipulation of the requirement of minimum period of 15 days’ CCL has been removed. It is now proposed to introduce a minimum period of five days of CCL i.e., CCL henceforth may not be granted for less than 5 days.

2. Comments on the above proposals are solicited please.

(Mukul Ratra)
Director

To:
1. All Ministries/Departments of Government of India
2. NIC, DOPT for uploading on the Ministry’s website.

DoPT Circular

Be the first to comment - What do you think?  Posted by admin - April 4, 2016 at 6:30 pm

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