• Maternity bill applicability for junior resident doing dnb

My wife is working as DNB resident in kims hospital kerala. She has delivered a baby girl and is on maternity leave for 90 days(as per nbe rules) . i want to know if the new maternity amendment bill applicable for my wife . Sir DNB is a postgraduate course with paid stipent where doctors are working as well as learning .
Asked 7 years ago in Civil Law

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4 Answers

your wife will be entitled to maternity leave as per new ruules even if she is currently on maternity leave

2) the Govt has clarified that the employees already on maternity leave will be eligible for enhanced paid leave under the amended Maternity Benefit Act, which came into force on April 1.

Ajay Sethi
Advocate, Mumbai
94692 Answers
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Maternity Leave - Kerala Government Employees

Maternity Leave R.100, 101 & 102

From 1-04-09 this leave is granted to female Government Servants on full pay for a maximum period of 180 days R.100.

Female recruits through PSC who join duty within 180 days from their date of delivery (other than on account of miscarriage) shall, on joining, be granted from the next day the balance of M/L admissible as on the date of joining duty subject to the following conditions.

(a) Holidays/Vacation falling immediately after the date of joining service cannot be prefixed to the leave.

(b) A certificate from the medical officer who attended the delivery showing the date of delivery along with medical certificate of health as prescribed in Rule 13 Part I KSRs should be produced.

This is also granted in the case of miscarriage including abortion for a period not exceeding six weeks and for hystrectomy (uterus removal) for 45 days. R. 101. This leave can be combined with any other kind of leave and MC is not necessary for such leave not exceeding 60 days in continuation. LWA without MC upto 60 days will be counted for granting increment. R. 102. Leave salary as admissible for EL under R.92.

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Diplomate of National Board (DNB) is the title awarded by the National Board of Examinations (NBE), an autonomous academic body under the Ministry of Health and Family Welfare, Government of India to candidates who successfully complete their postgraduate or postdoctoral medical education under it.

The leave rules for DNB students as per NBE under section 21 of the rules is given below:

3. MATERNITYLEAVE:

3.1. A female candidate is permitted a maternity leave of 90 days once during

the entire duration of DNB course.

3.2. The expected date of delivery (EDD) should fall within the duration of

maternity leave.

3.3. Extension of maternity leave is permissible only for genuine medical reasons

and after prior approval of NBE. The supporting medical documents have to

be certified by the Head of the Institute/hospital where the candidate is

undergoing DNB training. NBE reserves its rights to take a final decision in

such matters.

3.4. The training of the candidate shall be extended accordingly in case of any

extension of maternity leave being granted to the candidate.

3.5. Candidate shall be paid stipend during the period of maternity leave. No

stipend shall be paid for the period of extension of leave.

4. Male DNB candidates are entitled for paternity leave of maximum of one week

during the entire period of DNB training.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

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sir ,above info i know . the problem is when i contacted nbe ,they told their leave rules have not been changed . its the same . so how can i avail the benefit as per the new law . is there any judment passed that doctors working as resident are also eligible /included under maternity bill clause . please be specific

Please be informed that the Maternity Benefit (Amendment) Act, 2017 has been extended to the working women.

The DNB doctors are actually undergoing training though they are resident doctors by status. Since they receive stipends, they cannot be termed as employees, hence they are bound by the NBE leave rules and there is no clarity about the amendment extended to such autonomous educational institutions in respect of the student undergoing training course under their supervision

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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