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Clarification on paid leaves as per the new Maternity Act
10-Mar-2023 (In Labour & Service Law)
Lawyer, I was pregnant last year and was die on Nov 16, 2016. As per maternity act, I took illness due to pregnany leave from 3.10.16 to 2.11.16 and then earned leaves till 15.11.2016 and post that took 12 weeks leave till 13.2.17. Then used earned leaves till 8.3.17.As I am breast feeding, requested for additional leave without pay till week 22 (15.4.17) which they obliged. As the new maternity act has come to place, can I avail this as paid leave and take the additional 4 weeks
aternity leave is granted to women government employees. 1) Pregnancy: 180 days �?? Admissible only to employees with less than two surviving children. 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. 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 - 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. It can be availed in more than one spell. It can not be debited against the leave account. 4. It may be combined with leave of the
kind due and admissible.
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. 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 - 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. It can be availed in more than one spell. It can not be debited against the leave account. 4. It may be combined with leave of the
kind due and admissible.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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