Am I eligible to paid leaves for leaves I take under maternity benefit
29-Mar-2023 (In Labour & Service Law)
Hi! I am contractual (post-consultant) employee of MHRD. i need to take maternity leaves...though leaves are sanctioned but these are unpaid..i want to know being contractual consultant am i eligible for PAID LEAVES??? if i am eligible..what action should take??
Yes, You are eligible under Rule 43 of the CCS (Leave) Rules. During such period, You shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. You can Represent to the Employer and wait for their response, failing which You can Approach the Ld. Central Administrative Tribunal by filing an Original Application. You can get in touch with us for the same.
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It will generally be governed by the employment contract although, according to Supreme Court's judgment every employee whether permanent or contractual is eligible for padi maternity leave for 26 weeks
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Yes you are eligible for paid leaves, in case they deny you paid leaves you can move to the delhi high court by way of writ petition. There is also a recent Uttarakhand High Court judgment to this effect which grants leave with fully pay to contractual employees.
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