• Allowances during maternity leave for a central government employee

Sir, 
 Is full pay including all allowances are eligible to central government employees while she is on maternity leave.recently finance ministry has issued orders not to grant nursing allowances to those who take leave beyond 60 days at a stretch. Since maternity leave is a continous leave beyond 60 days, will this order applicable to those who take it.
Asked 4 years ago in Labour

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11 Answers

Hello,

The benefit of the maternity leave is provided by means of a special statute and as such the benefit can not be taken away by means of a GO.

the GO is applicable to all other leave except for maternity leaves.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you are partially right as it may be due to less information over the same.

Secondly, after the recent amendment if the labour as well as Employment act, it has been added that an employee who is on leave by any reason other than suspension will get ththe full pay.

Thirdly, in your case, now after the recent amendment in the Maternity Act, you must be paid full allowances without any deduction as others also might be getting.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The order will not applicable on maternity leave as full benefits during maternity leave are granted by statute even if in case by the order department deducts the allowance a writ seeking quashing of such action and order can be filed as it would be violative of fundamental rights.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

During maternity leave employees will be paid equal to the pay drawn by them immediately before.

The order would not be applicable to those taking maternity leave

Ajay Sethi
Advocate, Mumbai
87896 Answers
6207 Consultations

5.0 on 5.0

Maternity leave for govt. employee is 26 weeks and it is not 60 days.

Now I am not sure what notification you are talking about.

Any executive order or govt. notification can not override the Central Act which is already in place.

If nursing allowance is apart of the Maternity leave then you are eligible for 26 weeks in all circumstances.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

(1) 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 1[180 days] from the date of its commencement.

(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

NOTE:- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19:

Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.]

(4)Maternity leave may be combined with leave of any other kind.

Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of 3[two years] may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

(5) Maternity leave shall not be debited against the leave account.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

That is not true.

This GO can not be applied in case of maternity leaves.

If the department is doing so then file a writ of mandamus in HC and seek appropriate directions.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The said office order/memorandum you are referring I have gone through same though it does not clarify whether it shall be applicable on the maternity benifit or not but the maternity benifit expressly provides that total benefits should be given during the period of maternity so in light of Maternity benefit act.the said memorandum could be challanged.

File a writ petition before the HC court challenging validity of same you will difenitly get relief.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This order would not be applicable to those who take maternity leave

2) in case you are denied the allowance file application before CAT and seek allowance during period of your maternity leave

Ajay Sethi
Advocate, Mumbai
87896 Answers
6207 Consultations

5.0 on 5.0

Female civil servants are entitled to maternity leave for a period of 180 days for their first two live born children.

Payment of Maternity Benefits Act lays down that any women employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5 of the Act ) So you should be entitled for Maternity benefits.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Using this order central government institutions are reducing nursing allowance from women who take maternity leave also stating that it is also a leave period beyond 60 days. Hence I need to clarify whether this order will be applicable to those who take maternity leave.is it possible to move court if administration denies allowances to mothers stating this order.

The employer cannot deny the allowances of full salary t the women employees going ion maternity leave for 6 months.

You should first make a representation in writing on this to the top management and exhaust the remedies.

If the authority is not cooperating or entertaining then you can initiate legal action.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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