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 the Rule confers upon a female Government servant with less than two children, a right to avail maternity leave of 180 days and those Prerequisite conditions for such availment are- a female should be a Government servant and she should have less than two surviving children. Importantly, the Court remarked, "On the date of promulgation of these Rules, an employee, who had already given birth, was held entitled to avail maternity leave, it will not only be iniquitous but also discriminatory to exclude an employee, who has given birth to a child a few days ahead of joining the Government service."

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History of this topic

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 …

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities
5 months, 3 weeks ago

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities

Live Law  

The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS Rules which denies maternity leave to a female government servant if she has more than two surviving children. Rule 43 of the CCS Rules, 1972, entitles a female government servant to maternity leave for a period of 180 …

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 …

Odisha Govt Announces 10-day Extra Leave For Women Govt Employees
10 months ago

Odisha Govt Announces 10-day Extra Leave For Women Govt Employees

Deccan Chronicle  

The Odisha government on Tuesday announced extra benefits to the women employees working in various government departments in the state. Following the announcement, women government employees will now be entitled to get 25 days of casual leave after the addition of 10 extra leaves per year. The announcement was made by the state government in view of the domestic responsibilities …

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 …

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 …

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court
2 years ago

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

Live Law  

While dismissing an appeal preferred by Tamil Nadu State Transport Corporation against a single judge order directing the organization to pay maternity benefits to a temporary employee, the Madras High Court recently held that welfare legislation like the Maternity Benefits Act cannot be denied merely on the basis of technicalities.welfare legislation and the benefits cannot be deprived on. While dismissing …

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,” …

Haryana Cabinet Approves 2-Yr Child Care Leave For Single Male Government Employees
2 years ago

Haryana Cabinet Approves 2-Yr Child Care Leave For Single Male Government Employees

Live Law  

The Haryana Cabinet recently approved an amendment to the Haryana Civil Services Rules, 2016, as per which amended rules, child care leave of two years will now be available to be claimed by single male government employees as well. As per the new amendment rules, called the Haryana Civil Services Amendment Rules, 2022, a single male government employee, meaning thereby …

60-day special maternity leave to female staff in case of death of a child soon after birth: Centre
2 years, 4 months ago

60-day special maternity leave to female staff in case of death of a child soon after birth: Centre

Firstpost  

The decision has been taken keeping in view the potential emotional trauma caused due to stillbirth or death of a child soon after birth, which has a far-reaching impact on the mother’s life New Delhi: All female central government employees will be entitled for 60 days special maternity leave in case of death of a child soon after birth, an …

'Petitioner Being Working Woman Has Multiple Duties To Perform & Will Face Difficulties To Travel Long Distance With Minor Children', Rajasthan HC Allows Transfer Plea
2 years, 10 months ago

'Petitioner Being Working Woman Has Multiple Duties To Perform & Will Face Difficulties To Travel Long Distance With Minor Children', Rajasthan HC Allows Transfer Plea

Live Law  

The Rajasthan High Court, while allowing a transfer petition, observed that petitioner being a working woman has multiple duties to perform and will face difficulties to travel a long distance with her minor children. 73/2020 pending before Additional District Judge – Family Court, Chirawa, Jhunjhunu be transferred to the Family Court, Bhilwara. While observing that comparatively more inconvenience will be …

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 …

Karnataka High Court Allows Maternity Leave To Senior Resident Doctor Employed On Contract Basis
3 years, 4 months ago

Karnataka High Court Allows Maternity Leave To Senior Resident Doctor Employed On Contract Basis

Live Law  

The Karnataka High Court recently quashed an order passed by the Joint Director, ESIC Medical College and Hospital, Kalaburagi, denying maternity leave to a doctor employed with it on contract basis. Relying on the office memorandum issued on January 1, 2018, she approached the court challenging denial of maternity leave by the Joint Director. The court noted, "A reading of …

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 …

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 …

Denial Of Child Care Leave To A Govt Contractual Employee In Effect A Denial Of Rights Of Child : Uttarakhand HC (FB)
4 years, 5 months ago

Denial Of Child Care Leave To A Govt Contractual Employee In Effect A Denial Of Rights Of Child : Uttarakhand HC (FB)

Live Law  

The Full Bench of the Uttarakhand High Court has held that even a person employed on contractual basis is entitled for Child Care Leave. However, the bench has added a rider that such an employee can be granted paid CCL for 31 days, on the same terms and principles as "earned leave", as is given to other employees in terms …

Now, mother, surrogate working with Chandigarh administration can take 26-week maternity leave
4 years, 10 months ago

Now, mother, surrogate working with Chandigarh administration can take 26-week maternity leave

Hindustan Times  

Women using surrogates to bear a child as well as the surrogates who are working with the UT administration will now be able to take maternity leave, it has been learnt. The UT decision comes in the wake of Punjab government notifying similar provisions in the state last month. An administration notification issued on February 13 states that women employees …

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child
5 years, 3 months ago

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child

The Quint  

The single bench order had been delivered on a PIL filed by Haldwani-based nurse Urmila Masih challenging a government rule not to provide maternity leave to women in case of a third child. Citing the rules of the Act, Masih had said that the government's rule to not provide maternity benefits in case of a third child violates Article 42 …

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]
5 years, 4 months ago

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]

Live Law  

The Rajasthan High Court rejected a challenge against exclusion of married daughters from availing the benefit of compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules,1996.One Kshama Devi, had challenged the validity of Rule 2 contending that the same to the extent it excludes from its purview married daughters,. The Rajasthan High Court rejected a challenge …

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. …

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, …

Bengal govt mulls extension of paternity leave from 30 to 45 days
6 years, 6 months ago

Bengal govt mulls extension of paternity leave from 30 to 45 days

Hindustan Times  

The West Bengal government is planning to extend the tenure of paternity-cum-child care leave for its employees from 30 days to 45 and expand its ambit to dependent female relatives besides spouse, benefitting a seven-lakh-strong workforce. The step by the Mamata Banerjee government is being viewed as a move to pacify employees over the huge difference in dearness allowances of …

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