Woman Employee Entitled To Claim Maternity Leave For Period Of 6 Months: Allahabad HC
5 years, 8 months ago

Woman Employee Entitled To Claim Maternity Leave For Period Of 6 Months: Allahabad HC

Live Law  

Allahabad High Court held that a woman employee was entitled to maternity leave for a full period of six months as against only three months she was granted by the respondent District Basic Education officer, Bijnor and directed latter to provide the petitioner woman employee maternity leave with honorarium with effect from 30.12.2018 to 31.3.2019 as was prayed by her. wherein petitioner had preferred the writ petition with a prayer to issue a Mandamus directing the District Basic Education Officer, Bijnor to grant the petitioner maternity leave with honorarium. District Basic Education Officer had turned down the request of the petitioner for maternity leave for 180 days and had granted her leave for a period of 90 days only. By the aforesaid amendment, the period for grant of maternity leave has been increased to twenty six weeks of which not more than eight weeks shall precede the date of her expected delivery.

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History of this topic

SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month
2 months ago

SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month

Deccan Chronicle  

New Delhi: The Supreme Court has asked the Centre to explain the rationale behind a provision which entitles only those women, who adopt a child below the age of three months, to seek maternity leave benefits. The apex court was hearing a plea challenging the constitutional validity of a provision of the Maternity Benefit Act, 1961 which entitles only those …

High Court Rules in Favor of Maternity Benefits for Contractual Employees
2 months, 3 weeks ago

High Court Rules in Favor of Maternity Benefits for Contractual Employees

Live Law  

The Madras High Court has ruled that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The court held that the benefits of the Maternity Benefits Act would be applicable to contractual employees and the employer could not rely on the contract of employment …

Maternity leave: Govt employees to get 6-month break for surrogacy— here are the new rules for ‘commissioning’ couples
6 months, 3 weeks ago

Maternity leave: Govt employees to get 6-month break for surrogacy— here are the new rules for ‘commissioning’ couples

Live Mint  

Women government employees are entitled to take up to 180 days of maternity leave for children born through surrogacy, following recent amendments by the Centre to the 50-year-old rule. According to the amendment in the Central Civil Services Rules, 1972, the ”commissioning mother” with child care leave is eligible for these leaves. Until now, for cases where a couple conceived …

Centre amends rules to allow 6 months maternity leave for staff in case of surrogacy
6 months, 3 weeks ago

Centre amends rules to allow 6 months maternity leave for staff in case of surrogacy

New Indian Express  

NEW DELHI: Women government employees can take 180 days of maternity leave in case they have children through surrogacy after amendments were announced to a 50-year-old rule by the Centre. It has also allowed the "commissioning mother" with child care leave besides paternity leave of 15 days to the "commissioning father", according to the changes made in the Central Civil …

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
8 months, 1 week ago

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. In considering the legality of dismissing a …

Maternity Benefit Act Not Applicable To TN Govt Servants, No Leave For 3rd Child Even If First Two Children Born Before Joining Service: Madras HC
1 year, 4 months ago

Maternity Benefit Act Not Applicable To TN Govt Servants, No Leave For 3rd Child Even If First Two Children Born Before Joining Service: Madras HC

Live Law  

In a pertinent judgment, the Madras High Court has ruled that government servants working in the State are governed by the Tamil Nadu Government Fundamental Rules and not the Maternity Benefits Act 1961. When the state policy and fundamental rules restrict the maternity leave for 3rd child, this Court is of the view, as the matter of right the Petitioner …

Pregnant Working Women Entitled To Maternity Benefits, Can’t Be Barred Solely Due To Nature Of Employment: Delhi High Court
1 year, 4 months ago

Pregnant Working Women Entitled To Maternity Benefits, Can’t Be Barred Solely Due To Nature Of Employment: Delhi High Court

Live Law  

The Delhi High Court has observed that pregnant working women are entitled to maternity benefits and cannot be denied reliefs under the Maternity Benefit Act, 2017, solely due to the nature of their employment. “There is nothing in the language of the Act or in its provisions which suggests that a working expecting woman would be barred from getting the …

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court
1 year, 6 months ago

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court

Live Law  

Maternity leave aims to protect the dignity of motherhood and ensure the well-being of both the woman and her child, a bench of Justices Tarlok Singh Chauhan and Virender Singh remarked. The Himachal Pradesh High Court has reiterated that every woman, irrespective of her employment status, is entitled to maternity leave. Administrative Tribunal whereby the respondent had been granted the …

Why is the law on maternity leave facing a challenge from some adoptive mothers in the Supreme Court? - The Hindu
1 year, 8 months ago

Why is the law on maternity leave facing a challenge from some adoptive mothers in the Supreme Court? - The Hindu

The Hindu  

The story so far: The Supreme Court of India last week agreed to hear a petition challenging the constitutional validity of Section 5 of the Maternity Benefit Act, 1961, which entitles adoptive and surrogate mothers to only 12 weeks of maternity leave, and that too only if the child is under three months of age. The Maternity Benefits Act, 2017 …

Kerala University grants six months maternity leave to students
1 year, 10 months ago

Kerala University grants six months maternity leave to students

Deccan Chronicle  

Thiruvananthapuram: Taking a cue from the Mahatma Gandhi varsity at Kottayam, another university in Kerala has decided to grant six months maternity leave to its girl students above 18 years. In its order, the Kerala University said the State government had issued orders granting special menstrual leave for girl students in all universities of the State and fixing the limit …

‘Issue falls under policy…’: SC refuses to entertain PIL for menstrual leaves
1 year, 10 months ago

‘Issue falls under policy…’: SC refuses to entertain PIL for menstrual leaves

Live Mint  

The Supreme Court of India on Friday refrained from entertaining a PIL seeking direction to all the state governments to frame rules for menstrual pain leaves for female students and working-class women at their respective workplaces and compliance with section 14 of the Maternity Benefit Act 1961. The petition was filed by Delhi resident Shailendra Mani Tripathi, who sought direction …

Can’t deny maternity benefits on technicality, Madras High Court tells govt. officials
2 years ago

Can’t deny maternity benefits on technicality, Madras High Court tells govt. officials

The Hindu  

The maternity benefit should not be denied to women by standing on mere technicalities and rigid interpretation of the rules, the Madras High Court has said. “In Hindu mythology, women, who respect elders and sacrifice their life for the welfare of the husband’s family, are portrayed as equal or even greater than men and are regarded as equivalent to God,” …

'Work From Home' Under Maternity Benefit Act Can Be Availed Only If Nature Of Work Permits So: Karnataka High Court Denies Relief To Woman
2 years, 9 months ago

'Work From Home' Under Maternity Benefit Act Can Be Availed Only If Nature Of Work Permits So: Karnataka High Court Denies Relief To Woman

Live Law  

The Karnataka High Court has reiterated that maternity benefits such as allowing an employee to work from home, under section 5 of the Maternity Benefit Act 2017, could be given only in case where the nature of work assigned to the women is such that it is possible for her to work from home. A single judge bench of Justice …

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy During Contractual Period : Delhi High Court
2 years, 10 months ago

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy During Contractual Period : Delhi High Court

Live Law  

In a significant judgment that can come to the aid of women who are employed on contractual basis, the Delhi High Court has held that an ad-hoc employee will be entitled to maternity benefits under the Maternity Benefits Act, 1961, beyond the period of the contract, for a pregnancy occurring during the tenure of the employment.Since the object of the …

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service
3 years, 5 months ago

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service

Live Law  

Upholding the decision of the Single Judge, a Division Bench of the Rajasthan High Court has affirmed that a female government servant was entitled to avail maternity leave if she joins within the period of confinement i.e. A Division Bench of Justices Vinit Kumar Mathur and Indrajit Mahanty rejected the argument of Additional Advocate General Pankaj Sharma that the respondent-mother …

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department
3 years, 5 months ago

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department

News 18  

The Madhya Pradesh High Court has directed the public health engineering department of the state to provide maternity leave benefit to a contractual woman employee. In its order passed on Thursday, a single bench of Justice Vishal Dhagat said, “In view of the circular of the state government, I do not see any reason not to extend the similar benefit …

Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider
3 years, 6 months ago

Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider

Live Law  

The bench of Justices DY Chandrachud and M.R Shah was considering an SLP arising out of a decision of the Punjab and Haryana High Court which confirmed the view of the Central Administrative Tribunal denying the petitioner the benefit of maternity leave under Rule 43 of the Central Civil Services Rules 1972 on the ground that her spouse had two …

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother
3 years, 10 months ago

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother

Live Law  

The Karnataka High Court recently quashed a notice issued by the Directorate of Municipal Administration by which it terminated the services of a woman employed on contract basis, after rejecting her application seeking maternity leave. The Court noted that after the 2017 amendment to the Maternity Benefit Act, a pregnant woman is entitled to maternity leave for a period 26 …

Even If Child Is Born Prior To Joining Govt. Service, The Servant Is Entitled To Maternity Leave: Rajasthan High Court
4 years, 1 month ago

Even If Child Is Born Prior To Joining Govt. Service, The Servant Is Entitled To Maternity Leave: Rajasthan High Court

Live Law  

The Bench of Justice Dinesh Mehta specifically ruled, "A female Government servant is entitled to avail maternity leave, if she joins within the period of confinement, i.e. It may be noted that the Court was dealing with Rule 103 of the Rajasthan Service Rules, which governs the grant of maternity leave to female government servants. The Court also said that …

Centre may reimburse private firms for increased maternity leave
6 years, 2 months ago

Centre may reimburse private firms for increased maternity leave

Hindustan Times  

In a bid to help women on maternity leave retain their jobs, the government may dip into labour welfare cess collected by states to reimburse employers providing maternity benefits to female staff, officials familiar with the matter said. The proposal comes in the backdrop of the amendment made in 2017 to the Maternity Benefit Act, 1961, under which maternity leave …

Against state govt rule, Uttarakhand HC grants maternity leave for third child
6 years, 5 months ago

Against state govt rule, Uttarakhand HC grants maternity leave for third child

Hindustan Times  

Uttarakhand High Court has struck down a state government rule denying leave to women employees for the birth of their third child as “unconstitutional” and said it was against the “letter and spirit” of the Constitution that calls for “just and humane conditions of work and maternity relief”. Section 27 of the Act, 1961 does not prohibit, in any manner, …

A progressive maternity law is not enough
6 years, 6 months ago

A progressive maternity law is not enough

Live Mint  

Last year, the Union labour ministry increased the length of maternity leave from 12 to 26 weeks through an amendment in the Maternity Benefit Act, 1961. GCWL director Harpreet Kaur says: “Paying the salaries of two employees for the same job, while one is away on maternity leave can stop firms from employing young women,” she says. Photo: Priyanka Parashar/Mint …

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