In view of the maternity benefit amendment act 2016 which came into force on 27th March 2017, what happens in cases of staff who have gone/ applied for leave before the Act came into effect on paper? Is it compulsory for non funded private schools also to adhere to the six month paid maternity leave provision?
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This is a little urgent. I would appreciate your expert opinion soon.
1) the maternity benefit amendment act would not be applicable retrospectively
2)working women in all establishments public and private would be entitled to six month paid leave
3) in respect of staff who have gone on leave they can claim benefit of the extended leave provision
have already given my opinion
1. It is applicable to those who applied leave even before the Act comes into force provided the leave has not expired on 27.3.2017.
2.it is applied to private schools also.
The latest amendment is effective from 01.04.2017, however there is no mention about the staff who have already availed or are still under maternity leave.
May be they will be entitled to extend their existing permission from 12 months to the present amended 26 months automatically on an application, if not granted then a representation may be made to the concerned authorities quoting the latest amendment.
Let them give a reply after which it can be sorted out with the government police and its interpretation through court of law.
The affected my make a representation to the employer to extend the maternity leave as per the latest amendment.
Wait for the reply from the employer, if he rejects or turns down the request, then legal action may be initiated as per law for relief.