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Manger denying maternity leave in government office. What can be done?
01-May-2023 (In Labour & Service Law)
Recently SC has ordered 2 years uniterrupted paid Child care leave for women employees of Center Govt having children upto age of 18 yrs. My wife 41 is Assistant in LIC of India at Karnal and has completed 21 yrs of regular service. We have one daughter studying in class 10th and twin sons age 5 and a fit case for such relief. LIC has no such leave rule.
My query is can we get such relief( as in Center Govt.) as employee rights should be same in all departments. No written communication happened yet as Branch Manager simply returned our request saying there is no such leave rule in LIC.
Please advise.
The judgement of the Hon'ble Supreme Court of India is with respect to the Child Care Leaves guaranteed under Rule 43-C of the Central Civil Services (Leave) Rule 1972.
These CCS Rules under rule 2(i) clearly state that these Rules are not applicable to persons with respect to whom special provisions have been made under any specific law.
Now with respect to the employees of LIC, they are governed by the LIC (Staff) Regulations 1960 which under Section 60-B provides for the kinds of leaves and Child Care Leaves is not within the ambit of said leaves.
Now as your wife is not covered within CCS Rules, she shall not be entitled to the said leaves. And this judgement of the Hon'ble SC is not applicable to her.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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