Maternity benefit not allowed in case of 2nd delivery of 3rd child, after twins in 1st delivery
March 12, 2020It has been held by the Madras High Court, that no woman employee shall be entitled to maternity benefits for the 3rd child in the 2nd delivery, if she has already had twins in the 1st delivery. Maternity benefits to the employee governed under the Central Civil Service (Leave) Rules 1972 were denied by the High Court. According to these Rules, maternity benefits are restricted to those employees with less than 2 surviving children.
The Court said “we find that a second delivery, which in the present case, has resulted in a 3rd child, cannot be interpreted so as to add to the mathematical precision that is defined in the Rules. The admissibility of benefits would be limited if the claimant has not more than 2 children”. An appeal had been filed by the Union Government against the judgment dt. 18.06.19 of a single bench which had directed that the maternity benefits will extend for the 3rd child as well.
According to Clause (1) of Rule 43 of the aforementioned Rules, “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”. Clause (2) of Rule 43 states that “During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave…”
It was stated by the respondent that the claim was made regarding the 2nd delivery giving birth to a 3rd child. However, the Court opined that “the Rule under interpretation clearly spells out that the benefit would be available only if the claimant has not more than two children” and that the Single Judge in the previous judgment had erroneously extended the benefit to the respondent, without taking notice of the proper and appropriate Rules.
It was also added by the High Court that when twins are born, they are delivered one after the other, which amounts to 2 deliveries, and not one.