Transfer in Government Job during maternity leave legal?

985 votes

Women employees are eligible for maternity leaves of 180 days for maximum two surviving children. Maternity leaves can be combined with any other kind of leaves including CCL and can be taken without medical certificate up to one year in continuation. These leaves cannot be debited against leave account and the period of leave will be included in service period for increment and pension. The women employee will be given full pay during the leave period. But one should be careful not to join office back during maternity leave period as this leave can be taken in one spell at a stretch. If woman employee joins back before completing her maternity leave, it automatically gets cancelled.

Women employees are entitled for 45 days of leaves in entire service for in case of miscarriage/ abortion whether induced or otherwise but not for threatened abortion. Application needs to be supported by a certificate given by recognized or registered practitioner. This leave is admissible irrespective of number of surviving children.

Advocate Siddhant Sharma LawRato

764 votes

Technically, the transfer was to take effect on the date of her rejoining.. Since she voluntarily went and joined, the employer cannot be made liable. Further, employer admittedly has not made her work.. hence there is no question of anything being right or wrong.

Advocate Ashutosh Anand LawRato