1. Maternity Benifit act shall apply and you will get 26 weeks maternity full paid leaves.
2. Approach high court by way of writ petition.
Maternity leave on half pay at private management institute in Mumbai
Dear Lawyers, I'm an assistant professor on annually renewable contract since Nov 2017 at a private management institute in Mumbai. The institute comes under autonomous category in UGC list and is also AICTE approved. I'm planning to go on maternity leave from Aug 2019 after a service of 1 year and 9 months. The college says they follow Maharashtra Civil service rules 1981(as they were an affiliated college to Mumbai University) and Maharashtra Public Universities Act 2016. The above act says "The female teacher on maternity leave shall be entitled to leave salary, admissible as under : (i) clause (a), in case the female teacher is permanent. (ii) clause (a), in case of probationary / temporary female teacher, who has put in at least two years continuous service. (iii) clause (b), in case of probationary / temporary female teacher who has put in more than one year continuous service but less than two years continuous service. Clause (a) The teacher on earned leave shall be entitled to the pay drawn by him/her immediately prior to the commencement of this leave, plus all allowances admissible on that pay. Clause (b) The teacher on half pay leave or on leave not due shall be entitled to half the amount of pay drawn by him/her immediately prior to the commencement of this leave, plus all allowances admissible on this pay. " I have 2 questions: 1. As per Central govt, UGC and AICTE norms and directives, I'm eligible for 180 days leave on full pay. As per Maharashtra rules that the college is citing, I'm eligible for 180 days leave on half pay. Which of these rules will apply? 2. I have submitted a request for giving leave with full pay, which the college has denied. (documented through letters). What should be my next course of action? Thanks
Asked 6 years ago in Labour
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7 Answers
Maternity benefit act is central act and any state law which is in contravention to central act is ultra virus. Maternity act will prevail.
Either approach educational tribunal or High Court. And this you can challenge later also after delivery. Means recovery of rest half pay.
The apex court says the central legislations will override the state laws on subjects like university and education where both have the power to legislate.
You are eligible for maternity leave with full pay
Central rules will apply and new amendment pf maternity benefit Act will apply
1. The rule of the central government will apply, if the they do not adhere to the provisions of the maternity benefit act then challenge the state legislation before the HC.
2. Challenge the said order before the HC.
Regards
if any employer contravenes to the provisions or the rules of the Act, either with imprisonment which may extend to one year, or with a fine which may extend to five thousand rupees, or with both.
If the institute is following the state government rules in this regard, you cannot demand the provisions of the central government at par with the UGC or other establishment.
If ther denial is by quoting the relevant rules in this regard then you cannot do anything about it.
Maternity laws in India are not highly convoluted. However, the country has various labor laws that provide maternity benefits to women in different sectors. These laws differ in their coverage, benefits, and financing of the benefits – making it tricky for companies to comply with the provisions.
