All PCsDA/CsDA/PCA (Fys)
Subject: Grant of maternity leave – Clarification
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.
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.
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.
Enhancement of Maternity Leave – Lok Sabha Q&A
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
UNSTARRED QUESTION NO: 672
ANSWERED ON: 06.02.2017
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?
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.
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
Categories: Employees News Tags: CCL, Central Government Employees, Chile Care Leave, Commuted Leave, Earned Leave, Extraordinary Leave, Half Pay Leave, Leave Not Due, Leave Rules, Maternity Leave, Paternity Leave, Study Leave, Types of Leave
Maternity Leave (ML) for Railway Employees
- It is a full pay leave not debited to any account.
- It is granted as under:
45 days during service
Female Casual workers
- 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
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
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.
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)
SECRETARY TO GOVERNMENT
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Old JNU Campus, New Delhi 110 067
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.
1. All Ministries/Departments of Government of India
2. NIC, DOPT for uploading on the Ministry’s website.
Women employees demand two year leave for raising newborns
Like the central government, the female employees of the Tamil Nadu state government have requested the government to give them two years maternity leave to raise their newborns. The proposal was made during the International Women’s Day celebrations.
The International Women’s Day is celebrated all over the world to ensure the safety of women. Women must be treated as equals of men at workplace and in the society. Also, selective abortions of female foetuses, and killing of female babies must be stopped.
Women take care of the health of their entire family, but often neglect their own health. Due to lack of proper nutrition, many women suffer from malnutrition and anaemia. Women can be healthy only if they eat well-balanced food. Only then will they be able to give birth to healthy children.
The Tamil Nadu government must, like the Central Government, give two years maternity leave to its female employees so they can raise their newborns.
West Bengal Government allows child care leave to male government employees
In a major policy decision, West Bengal Government today allowed paternity-cum-child care leave of 30 days for its male employees which can be availed either during child birth or until their children turn 18.
Announcing this at the State Secretariat Nabanna, Chief Minister Mamata Banerjee said the decision was taken at a cabinet meeting today to enable male employees to discharge their parental responsibilities.
The state government had earlier allowed maternity leave for 180 days and child care leave for 730 days to female employees of the state government and Panchayat Raj, besides other local bodies, boards, corporations, undertakings, companies, state aided universities, sponsored and non-government aided schools and colleges, Banerjee said.
The scheme would be implemented with immediate effect, she added.
The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit whereby employers are liable to pay full wages for the period of leave.
Government to Increase Maternity Leave from 12 to 26 weeks – The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more.
The union government is set to increase the maternity leave for women employed in private firms from the existing 12 weeks to 26 weeks.
Women and Child Development Minister Maneka Gandhi Monday said the Ministry of Labour has agreed to increase maternity leave to six-and-a-half months. “We had written to the Labour Ministry asking that the maternity leave be extended taking into account the six months of breastfeeding that is required post childbirth. The Labour Ministry has agreed to increase it to six-and-a-half months,” said Maneka.
The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit whereby employers are liable to pay full wages for the period of leave.
Officials of the WCD Ministry said they will push for extending the leave to eight months, or 32 weeks, for women employed in both private and government sectors.
But WCD officials said the Labour Ministry has expressed reservations about increasing the maternity leave any further as they perceive that doing so will adversely affect the employability of women.
“The Labour Ministry has decided on six-and-a-half months following meetings with various stakeholders. We, however, feel that eight months of maternity leave — for women in government as well as private sectors — is required. We will move a note to the Cabinet Secretariat in this regard. Six months of exclusive breastfeeding is very important to combat malnutrition, diarrhoea and other diseases in infants and to lower infant mortality rate,” said a WCD official.
The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more, though it encourages member states to increase it to at least 18 weeks. At 26 weeks, India is set to join the league of 42 countries where maternity leave exceeds 18 weeks. It, however, falls behind several East European, Central Asian and Scandinavian countries, which have the most generous national legislation for paid maternity leave.
Women employed in government jobs in India get a six-month maternity leave as per the Central Civil Service (Leave) Rules 1972. The last circular in this regard was issued in 2008, when it was increased from four-and-a-half months. If the WCD Ministry’s recommendations to the Cabinet Secretariat are accepted, the Department of Personal & Training will have to issue orders to enhance it to eight months.
Moreover, women government employees are allowed to take childcare leave of up to two years in phases at any point till their child turns 18 years old. The Seventh Pay Commission recently recommended that only the first 365 days of leave should be granted with full pay, while the remaining 365 can be availed at 80 per cent of the salary. But Maneka recently petitioned Finance Minister Arun Jaitley against the proposal, terming it a regressive step at a time when women are trying to become more economically independent.
“Women in India need longer maternity leave in absence of any support in parenting from men. It should not be seen as a deduction in labour hours but as a long-term investment from the future economic point of view. This is in addition to the fact that women need long maternity leave to recuperate and invest in child care,” said Ranjana Kumari, director of the Centre for Social Research.
She added that a recent analysis of the Maternity Benefit Act by CSR for the National Commission of Women showed that discrimination against pregnant women was widely prevalent in the corporate sector in the country.
Women Employee needs Eight month maternity leave to be thought through
New Delhi: Women and child development minister Maneka Gandhi’s proposal to extend three-month maternity leave to eight months needs to be thought through.
|Women and Child Development Minister Maneka Gandhi|
There is no doubt that newborns need their mothers, but extending maternity leave for eight months is not the right solution.
No company or government can afford an employee to be away for eight months, and if they are made to do so, they may not be eager to hire or promote women.
Encouraging mothers with young children to remain in the workforce is a challenge no company or government has worked out yet.
Last year, Facebook and Apple came under criticism when they offered cash incentives to their female employees to freeze and store their eggs. This, the companies claimed, was done so that women could focus on their careers.
But this idea has not caught on yet, and with many people doubtful about tampering with the ‘natural order’ it is not likely to do so anytime soon.
So what is the solution? There is no ideal one, but what is clear is the government must give companies some leeway.
Training a new person, employing them for eight months and getting rid of them when the woman returns to work is unfair to the employee, the company and to the woman herself.
Why? Because one cannot assume in today’s fast moving world, that her role would have remained the same as it was eight months ago. New skills may be required.
Therefore it is better to ask pregnant women upfront if they would like to return to work post-pregnancy. If they do, they must devote a certain number of hours to work.
The government must support this by helping to set up creches, and allowing women to work part time from home. This is better than having a woman return to work after eight months.
Domestic helps to get monthly wages Rs 9,000; 15 days annual leave
New Delhi:Those hiring a full-time domestic help may soon have to pay them a minimum salary of Rs 9,000 per month, compulsory paid leave of 15 days a year, and maternity leave to boot.
To safeguard the interest of domestic workers, the NDA government is readying a national policy incorporating these features, besides a host of benefits, including social security cover and provisions against sexual harassment and bonded labour.
The ‘National Policy for Domestic Workers’ is likely to be presented before the Union Cabinet soon.
Domestic servants, who stare at an uncertain future when they grow weak with age and are thrown out of their job, will now have the cushion of a social security scheme under which the employer will have a mandatory contribution.
The policy envisages the right to domestic helps to pursue education, a safe work environment and a mechanism for redress of their grievances.
Workers and employers will also have the right to form groups and engage with each other for ‘collective bargaining’.
A draft note in this regard, prepared by the Director General Labour Welfare (DGLW), was submitted to Labour Minister Bandaru Dattatreya last week.
“The Domestic Workers Policy has to be framed. Domestic workers are also subjected to exploitation and therefore the welfare and protection of domestic labour force is very important,” Dattatreya told PTI.
“The policy framework is on par with the standards of the International Labour Organisation. India has adopted the ILO convention on domestic workers and therefore we have to make a policy for this segment of the society,” he said.
Once the policy takes effect, it will be mandatory for the employer, the employee and the intermediary agency that connects the two, to enter into a tripartite agreement, which will have legal sanctity.
The draft policy recommends minimum monthly wage for unskilled, semi-skilled, skilled and highly-skilled categories of the domestic workers.
“Highly-skilled and those giving full-time service should be eligible to get a salary of at least Rs 9,000 per month,” an official said, adding the policy seeks to empower domestic workers by making this large workforce a services industry over time.
Maternity leave is right of women employees, government even twins in first delivery: High court
Madurai: Ruling that maternity leave is given for protection of the health of women government employees, the Madras High court today stayed the order of Joint Director of School Education (personnel) for recovering over Rs two lakh from the salary of a teacher who took 179 days maternity leave for her second delivery.
Maternity leave is a right of women government employees, even they had delivered twins in the first delivery.
Maternity leave is a right of women government employees, even they had delivered twins in the first delivery.
The woman had delivered a twin in the first delivery.
Justice S Vaidyanathan of the High Court’s Madurai bench, said “it will not be correct to take into account the number of children one delivers during the first delivery to decide whether the maternity leave should be extended ignoring the health of the woman.”
“The intention of the maternity leave is to afford protection to the woman during the second delivery, it is not based on the number of children she delivers during the two deliveries,” the judge saidi in his interim order after hearing the petition filed by T Priyadarshini.
The judge said “it is not in dispute that the petitioner had two children. But it is in the first delivery, she gave birth to twins, and hence twin born in the first delivery cannot be put against the petitioner to deprive the second maternity leave.”
The petitioner submitted that she took her first maternity leave in 2011 for 180 days when she delivered a boy and a girl.
Then in 2014, she applied for maternity leave and it was granted. But the Joint Director of School education had said having two surviving children, she was not eligible to apply for second maternity leave and directed the chief education officer to consider the medical leave as loss of pay and recover Rs.2,56,112 from her and remit the money in the treasury immediately.
Inputs with PTI
The following officers and representatives of AIRF attended the meeting:
M. Akhtar, AM(Staff)
Neera Khuntia, EDPC-II
P.P. Sharma, EDE(G)
K. Shankar, DE(P&A)
D.V. Rao, DE(LL)
Anuradha Singh, D(MPP)
D. Mallik, DE/IR
Rakhal Das Gupta, President
Shiva Gopal Mishra, Genl. Secretary
5/2006: Avenues of promotion of Senior Supervisor in Scale S-13 to S-14 Group ‘B’ (Gazetted) on railways.
16/2008: Assured Carrier Progression Scheme applicable to Motormen of BCT division of Western Railway.
30/2008: Voluntary Retirement of Drivers and Gangmen.
6/2009: Extra Ordinary Leave in continuation with Maternity Leave taken without production of proper medical certificate.
10/2009: Liberalization in the Safety Related Voluntary Retirement Scheme.
12/2009: Grant of PCO Allowance/Incentive Bonus to technical staff supporting shops/Sections (including CMT/C&M Lab.), Drawing/Design, I.T. Power Supply and Stores etc.) – in Railway Workshops and Production Units- Treating them as part of Inspection, Planning & Planning & Progress wings of PCO.
7/2010: Inclusion of left out categories of the staff working in Railway Hospitals of the Indian Railways for the purview of Hospital Patient Care Allowance.
9/2010: Grant of pay scales of `5000-8000 w.e.f. 01.01.1996 to the Sub-Overseer Mistry/ Supervisor(Works), now Jr. Engineer (Works).
17/2010: Payment of Transport Allowance to the staff living in Ghaziabad (Northern Railway).
27/2010: Implementation of recommendations of VI CPC – Grant of Transport allowance to Railway employees.
3/2011: Revision of rates of Kilometreage Allowance and Allowance in lieu of Kilometreage (ALK).
4/2011: Placement of Pharmacists in the Entry GP of `4200(non-functional grade) on completion of two years service in GP `2800 as well as grant of three MACPs to the Pharmacist category on the Indian Railways.
9/2011: Caretaking Allowance to Hostel Staff and merging of Caretaker posts with Ministerial Staff.
10/2011: Grant of pay scale `5000–8000 (pre–revised)/ PB–II GP `4200 in new pay scales to Tower Wagon Drivers of Electrical Department.
13/2011: Grant of LAP, LHAP and Casual Leave to paramedical staff engaged to work in Railway Hospitals etc. on contract basis.
30/2011: Issue of PPOs and making entry of payment of Medical Allowance to Pensioners/ Family Pensioners.
8/2012: Extension of second chance in the matter of Aptitude Test under LARSGESS Scheme.
18/2012: Payment of Breakdown Overtime Allowance to Mechanical Supervisors(C&W) – Mechanical Department.
32/2012: (A) Wrong implementation of MACP Scheme in IT Cadre.(B) Granting of financial benefit under MACP Scheme to EDP Staff.
40/2012: Earmarking of posts for promotion of Non-Appendix 3 IREM Qualified Accounts Assistants in the merged cadre of Sr. SO(A/Cs) and SO(A/Cs).
46/2012: (A) Payment of Running Allowance to medically de-categorised Running Staff kept on supernumerary posts.(B) Fixation of pay of medically de-categorized Running Staff while kept on supernumerary posts- Grant of benefits of Running Allowance.
15/2013: (A) Proper implementation of LARSGESS in case of the candidates declared unsuitable in PET in 2010 Cycle.
(B) Minimum educational qualification for appointment under LARSGESS – Case of the wards of railway employees opted for LARSGESS in the year 2010.
(D) Alternative appointment to the wards of the railway employees under LARSGESS who failed to qualify the prescribed medical examination
23/2013: Denial of appointment under LARSGESS to the wards of railway employees working in Safety Categories.
24/2013: Payment of Special Allowance to Traffic Gatemen deployed to work on Level Crossing Gates.
28-B/2013: Provision of Child Care Leave for women employees.
29/2013: Stepping up of pay to Loco Running Supervisors promoted prior to 01.01.2006, viz-à-viz their juniors promoted after 01.01.2006.
13/2014: Fixation of pay in case of financial upgradation under MACPS.
15/2014: MACP Scheme for Railway Servants – Treatment of employees selected under LDCE/GDCE Scheme – Clarification reg.
1/2012: Revised Training Modules for Supervisors of Mechanical Engineering Department.
29/2011: Retention of railway quarter in favour of totally medically incapacitated railway employees.
47/2012: Retention of Railway accommodation at the previous place of posting in case of staff posted in newly formed Divisions.
21/2010: Revision in the Dress Regulations – 2004.
19/2011: Raising of upper age limit in case of entitlement of Privilege Passes/PTOs for dependent sons.
7/2012: Implementation of various welfare schemes announced by the then Hon’bleMinister for Railway during her Rail Budget Speech.
12/2012: Provision of Post Retirement Complimentary Passes in favour of widows of ex-railway employees.
1-A/2013: Provision of Post Retirement Complimentary Passes to the spouse/widow of deceased railway employees appointed on compassionate ground.
28/2012: Sanction of Flood Relief Fund for the flood affected staff over the Indian Railways.
4/2013: Reduction in lower age limit of the pensioners/their widows from 65 to 60 years for entitlement of Companion in lieu of Attendant to 1st Class/1st A Class Post Retirement Complimentary Passes.
7/2014: Issue of Special Passes on medical ground in favour of two attendants in case of kid patient.
10/2014: Provision of two sets of Post Retirement Complimentary Passes to retired railway employees working in GP `1800.
11/2014: Entitlement of Passes to the widows as Dependent in the Passes issued to their wards – Enhancement of income limit for the same.
Categories: 6CPC, Allowance, Dearness Allowance, Employees News, General news, HRA, Latest News, Loan, LTC, Pension, Promotion, Railways, Rank Pay, Retirement Age Tags: 6CPC, AIRF meeting, Allowance, Bonus, Casual Leave, Child Care Leave, Grant of pay scales, Incentive, Indian Railway, LAP, LHAP, Maternity Leave, PNM Meeting, Promotion, Railways, Retirement, Voluntary Retirement Scheme
Compulsory Paid Leave During Pregnancy
Ministry of Personnel, Public Grievances & Pensions
March 18, 2015
Compulsory Paid Leave During Pregnancy
There are provisions which prescribe that 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. During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Kirti Azad in the Lok Sabha today.
Tags: Female Government servant, Central Government Employees News, Women Employees, maternity leave, Pregnancy, Paid Leave
Leave Rules – CCS (Leave) Rules, 1972
TYPES OF LEAVE ADMISSIBLE
• Casual Leave
• Earned Leave
• Half Pay Leave
• Commuted Leave
• Leave Not Due
• Extra-ordinary Leave
• Study Leave
• Hospital Leave
• Special Disability Leave
• Maternity Leave
• Paternity Leave
• Child care Leave
General Conditions:- Leave
• Leave – no claim as a right;
• Can be refused/ revoked;
• Kind of leave applied can not be altered by sanctioning authority;
• Commutation of leave within 30 days;
• Can not be granted for more than 5 years at a stretch;
• Prefix / Suffix – Sundays/holidays;
• MC : Govt servants – from AMA/CGHS Dispensary;
• MC: NGOs – from RMP;
• Period of over-stayal debited as HPL with no pay/allowances;
• Disc. Action on willful absence from duty after expiry of leave.
• Not a recognised form ;
• Can be combined with special CL / vacation only;
• Sundays/holidays falling during a period of CL not counted;
• Sundays / holidays / restricted holidays can be prefixed/suffixed;
• Can be availed for half a day;
• Total 08 days admissible in a calendar year;
• Normally more than 5 days at a time not allowed;
• Joining in middle of year-proportionately or full – at the discretion.
• 15 days on 1st January/July in advance;
• Credit reduced @ 1/10th of EOL& Dies non in previous half year;
• Rounding – fraction;
• Accumulation up to 300+15 days;
• Fresh appointment , Retirement /removal / dismissal / death in middle of half year – @ 2½ days per completed month;
• 180 days maximum can be availed at a time, exception
• Unavailed joining time credited in EL account.
• Encashment of E.L. during LTC (10 Days ) / On retirement ( Max 300 days)
Half Pay Leave
• 10 days on 1st January/July in advance;
• Credit reduced @ 1/18th of Dies non;
• Rounding – fraction;
• Accumulation – No limit;
• Fresh appointment – @ 5/3 days p.m.;
• Retirement /removal / dismissal / death in middle of half year
• Temp. Employee – grant subject to his return to duty;
• Can be on MC/without MC;
• On MC- Comm. Leave on full pay if applied for.
• Not exceeding half of HPL balance on medical certificate;
• up to 90 days during entire service –w/o MC for an approved course of study certified to be in public interest;
• up to 60 days to a female G.S. with less than 02 living children, on adoption of a child less than one year old;
• up to 60 days to a female G.S. w/o MC in continuation of maternity leave;
• Granted only if reasonable prospects of the G.S. returning to duty on its expiry.
• If quits service- period treated as HPL;
• If quits on ill health/death – No recovery.
Leave not due
• To permanent GS with no HPL at credit;
• Only on MC;
• Limited to HPL – G.S. likely to earn in remaining service period;
• Debited in HPL a/c;
• Temp. GS with min. 01 year of service – suffering from TB, Cancer or Mental illness can be granted .
• Not granted as LPR.
Leave not due-Exception
• To female GS w/o MC – in continuation of maternity leave;
• To female GS w/o MC – on adoption of a child less than one year old.
• Max. 360 days during entire service .
Leave Not Due [LND]
• Cancelled if GS does not return to duty – L.S. recovered;
• L.S. not to be recovered :
– if resigns due to ill- health incapacitating him for further service,
– if retired prematurely,
– in the event of death.
Extra Ordinary Leave (EOL)
• When no Other leave is admissible; or
• When Other leave admissible, but Govt. servant applies for EOL;
Subject to maximum leave period of 05 years, EOL can be granted to a permanent Govt. servant up to any limit
For temporary officials: -
– Up to 03 months with or w/o MC;
• with a minimum of 01 year’s service- – up to 06 months with MC for common ailments;
– Up to 18 months with MC for cancer, mental illness, pulmonary TB or Pleurisy of Tubercular origine;
• With three or more year’s service
– up to 24 months where the leave is required for studies certified to be in public interest.
Maternity Leave- Female Employees
• Admissible to married/unmarried female G.S.; – Pregnancy: 135 days;
– Miscarriage / abortion: total 45 days in the entire service.
• Leave is not debited to leave account.
• It is granted on full pay.
• It may be combined with leave of any other kind.
• Any kind of leave (i/c 60 days of Comm. Leave/LND w/o MC) up to one year can be sanctioned in continuation of Maternity Leave;
• Not admissible for ‘threatened abortion’
Paternity Leave-Male Govt. Servant
• To male Govt. servant with less than two surviving children.
• It is not debited in leave account.
Leave salary equal to last pay drawn is admissible
• Five year’s service (I/c period on probation)
• For higher studies/specialized training in a professional/technical subject capable of widening his mind in a manner likely to improve his ability as a civil servant;
• Study leave can be :
– Granted for maximum 24 months in the entire service and may be granted at a stretch or in different spells;
– not debited to the leave account;
– Requisite Bonds in the prescribed forms are required to be executed
• Finance Ministry’s agreement for release of foreign exchange is necessary for study leave outside India;
• Leave Salary:
- Pay plus DA, HRA, CCA & study allowance admissible outside India;
– No study allowance admissible for course in India.
Special Disability Leave
• When disabled by injury intentionally inflicted or caused in due performance of official duties;
• When disabled by illness incurred in performance of any duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attached to civil post;
• Period of leave to be certified by AMA;
• Maximum 24 months;
• Not be debited to the leave account;
• First 120 days on full pay , after that on HPL;
• Period counts for pension.
• Gr ‘C’ whose duties involve handling of dangerous machinery, explosive material, poisonous drugs or performance of hazardous tasks; and
• Gr ‘D’ while under treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties.
• Certificate of AMA necessary;
• Period of leave considered necessary by authority;
• Total period combined with any other kind not exceeding 28 months;
• Not be debited to the leave account;
• First 120 days on full pay , after that on HPL.
• Period counts for pension.
Child Care Leave
Who are entitled for Child Care Leave?
• Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) 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. Child Care Leave shall not be admissible if the child is eighteen years of age or older.
• Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate)
• No. CCL is not applicable to third Child.
• The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.
• No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.
Categories: CCS, Central Government Jobs, Employees News, General news Tags: Casual Leave Earned Leave, CCS (Rules), Child Care Leave, Clarifications, Commuted Leave, Extra-ordinary Leave, Government Employees Leave types, Half Pay Leave, Hospital Leave, Leave Not Due, Leave Rules, Maternity Leave, Paternity Leave, Special Disability Leave, Study Leave, Types of leaves, Types of leaves for Government Servant
6 Months maternity leave for government employees must: House panel
There are no uniform rules for female employees in government departments and organizations and they are treated by varying yardsticks when it comes to essential benefits like maternity and child care leave (CCL).
Dismayed after finding that maternity leave can vary from 90 to 135 days, a parliamentary panel has suggested that all government departments and organizations should ensure 180 days of leave for their women employees.
The panel found many organizations grant 90, 85 or 135 days of maternity leave. It has said child care leave (CCL) of 730 days must be granted with pay to women employees across the board in government.
The committee was also distressed by the low presence of women employees in government organizations. “It is disheartening to observe that it is significantly low…10.04% as per the 2012 census of central government employees,” the panel said. The representation is particularly poor in semi-urban and rural areas.
The standing committee on law, personnel and public grievances on the ‘status of women in government employment and in public sector undertakings’ was unhappy that while a majority of the organizations do grant CCL, but they do so without pay.
For example, Mahanandi Coalfields Ltd gives CCL to female employees working as executives but not for non-executive category. In Cochin Shipyard Ltd, CCL is not granted since there is no specific direction from the department of public enterprises.
The policy has been discontinued in Mormugao Port Trust even though CCL benefits have been extended to all civilian female industrial employees in government since September, 2008. But many women employees hesitate to avail the leave, if granted without pay.
Introduction of “flexible timings” for female employees, especially young mothers, so that organizations can retain talent has been mooted by the committee headed by Congress MP Shantaram Naik as the panel found household responsibilities as a major reason for attrition among women employees.
The government has been asked to explore the policy on “staggered working hours” or “work at home” for female employees. The panel was informed that the recommendation of Sixth Pay Commission regarding staggered working hours was not accepted by the government.
Single women should be given postings closest to their hometown or places of their choice, the panel said. “It should be mandatorily ensured,” it said, adding that this “pertinent factor” should be kept in mind during allocation of postings by department heads.
The provision for giving same station posting to couples may be given statutory backing, the panel recommended as it found the instruction is not always adhered to.
Women employees who travel beyond office hours should be provided with security and proper transport by the employer in order to ensure their safety, the committee said.
The panel also noted that action taken on complaints of sexual harassment at workplace is “not satisfactory”. It felt merely transferring a delinquent employee to a different branch or station is inadequate and strict disciplinary action is needed. “The punishment has to be deterrent for prospective offenders,” the panel said.
OFB Orders 2013 : Permission to the Female Employees for lactating the child.
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
ORDNANCE FACTORY BOARD
10-A, Shaheed khudiram Bose Road
KOLKATA – 700001
Dated : 28.2.2013
1) All Sr.General Managers/General Managers of Ordnance & Ordnance Equipment Factories,
2) The Sr.Principal Director, NADP, Ambajhari, Nagpur
3) All RMCs, RCSs and OFILs
4) The DDG/Coord, OFB, New Delhi Office
5) The DDG/Mumbai Office, Mumbai
6) The Princial Director, OFRB, Ambajhari
7) The DDG/HQrs, O.F.Board, Kolkata
Sub : Permission to the Female Employees for lactating the child.
Attention of all OFs is drawn to the provisions contained in Section 11 of the Maternity Benefit Act, 1961 which states as follows:
“Every women delivered a child who retruns to duty after such delivery shall, in addition to the intervals for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of 15 months”.
[ Dr. (Smt.) Vani A. Singh ]
Director / Admin
for Director General, Ordnance Factories