• Maximum leave on medical ground

Dear sir/madam
My spouse is working as a teacher in an educational institution in a non granted school. Recently the school has been granted by by govt. And the process in going on for the same.the school is in remote village. She has to travel daily 90 km by bus.
Now ' She has one month pregnency. And the doctor has advice not to travel. We have requested the management for temporary transfer for 1 year. But it seems to be impossible. 
we would like to know what recourses r available to us in such situation without loosing our claim on granted post. 
maximum period of leave without pay.
Thanking u
Asked 6 years ago in Labour

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12 Answers

Apply for maternity leave or unpaid leave. She is entitle to paid maternity leave up to 26 weeks. This is education institution so work from home may not possible otherwise this option also available.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

your spouse is entailed to maternity leave of  26 weeks as per maternity leave amendment act

 

2) Honble Supreme Court in Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Another, 2000 SCC (L&S) 331 has held that as per the provisions of the Maternity Benefit Act, 1961, women engaged even on casual basis or on muster roll basis on daily wages are entitled to get the benefit of Maternity Leave at par with the regular employees,

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

She can go for maternity leave and take all benefits under the new amendment. Otherwise she needs to move under writ petition to the high court

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Seniority dose not effect by unpaid leave, rest depends on service rule if leave period dose not counts under continuous service.

Sick leave less than 3 months in a year.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

you can apply for leave without pay for period of one year 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

12 weeks to 26 weeks is the limit prescribed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

The maximum period of continuous leave of absence allowed is 5 years, after which the person is deemed to have resigned. To my knowledge there is no specific limit for leave on medical grounds during the entire service. However, frequent spells of medical leave may invite adverse attention of the Government to consider compulsorily retiring the employee on medical grounds.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

It's total of 26 weeks. She can take 8 weeks prior and rest post delivery. It will not affect seniority

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Women employees are eligible for maternity leaves of 180 days for maximum two surviving children. Maternity leaves can be combined with any other kind of leaves including CCL and can be taken without medical certificate up to one year in continuation. These leaves cannot be debited against leave account and the period of leave will be included in service period for increment and pension. The women employee will be given full pay during the leave period. But one should be careful not to join office back during maternity leave period as this leave can be taken in one spell at a stretch. If woman employee joins back before completing her maternity leave, it automatically gets cancelled.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can take leave without pay for maximum period of 12 weeks in 12 months. 

It will not effect her seniority. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

She can avail maternity leave for 6 months with pay, but that should start before delivery and to stretch over beyond delivery also. 

Without pay leave can depend on the medical certificate for a period of 3 months. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

It may be around 3 to months depending upon the medical certificate produced 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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