• Private school denied 6 months maternity leave

Hello,

I am employed in private school since 2014. I got pregnant in 2018. Post delivery my school has given me leave for 3 months instead of 6 maternity leaves and when i have asked for more leaves they said i have to take unpaid leaves. I then have taken unpaid leave for 1 more month.. in that unpaid leave my employer sent a bundle of copies for corrections. I did the correction and sent the copies back to school.
When i joined the school after 4 months of my delivery they demoted me to junior classes and from then to now they are forcing me to resign. Please suggest what action i can take against them.
Asked 5 months ago in Labour

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13 Answers

you cannot be forced to resign .

 

2) you are entitled to six months maternity leave 

 

3) if you have not been paid salary for 3 months complain to deputy director education in your state 

Ajay Sethi
Advocate, Mumbai
75860 Answers
4534 Consultations

5.0 on 5.0

Dear sir,

Private school nor comes under the State Law neither Maternity Benefit Act i.e., Central law so it cannot be implemented in state run machinery. In Private organisations the Maternity leave totally Depends on the Company’s discretion. It is there willingness yo provide or not. No law stops them from providing maternity leave in the same way there is no law that can froce them to provide maternity leave

Generally in MNC’s they Gets the maternity leave . That too vary from Company to company and Organisation to Organisation, as it depends on the companies discretion.

private Schools women Employees Can Claim the leave By Forming a Association of Women teachers in your Area,by unifying all the private school women employees you get a Strong union that can collectively bargain with the school management for a specific maternity leave in every school in your Area.

As law do not provide any maternity leave but Law do not stop you to from claiming your right. Article 19 of Constitution provide that every person has the right to form a association and collective bargainning is the best way to get you demands full filled as it is a give and take process. you can try this its totally lawful.

Private schools staff to get 6-month maternity leave

Women staff members from government recognised private schools and junior colleges received a gift on International Women’s Day.

The state school education department on Monday announced that teaching and non-teaching staff from these institutions will get 180 days [six months] of maternity leave. They are currently entitled to 90 days or three months.

A government resolution (GR) dated March 8 said this decision follows the government’s decision made in August 2009 giving all government employees this extension.

The GR said that a woman staffer cannot avail of the facility for more than two pregnancies.

Women who avail of maternity leave will get an extra six months added to their working tenure. So, if a woman has 28 years of service left when she goes on a six-month maternity leave, then after resuming she can work for another 6 months after the 28-year tenure ends.

This decision will be valid in retrospective effect from August 24, 2009.

“The decision should have been made last year itself,” said Member of Legislative Council and founder of Lok Bharti Party, Kapil Patil.

Patil has been pursuing the issue for long.

“It was kept pending since the finance department claimed that it would put an additional pressure of Rs 38 crore on the government. On March 5, I met Finance Minister, Sunil Tatkare, and showed him how the calculation was wrong and he agreed,” said Patil

Minister of State for School Education, Fauzia Khan, who is also a teacher by profession, welcomed the decision. Khan said paternity leave should also be introduced.

“It’s good that women will get to be with their small children but children in school also need their teachers. So it’s time that men take up a more proactive role,” she said.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

You may file a writ petition seeking your dues through court of law.

The Maternity Benefit Act, 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more employees.

The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

The other discrimination also can be highlighted before the court and seek justice.

 

 

T Kalaiselvan
Advocate, Vellore
65835 Answers
860 Consultations

5.0 on 5.0

Hi

You cannm proceed with filing a complaint in the affiliating authority. 

If that also doesn't work you can send a legal notice following a case in employer protection act. 

Thanks

Rahul Jatain
Advocate, Rohtak
3326 Answers
4 Consultations

4.9 on 5.0

You can complaint to the inspector appointed under section 14 of the said Act and avail the benefits

Prashant Nayak
Advocate, Mumbai
19689 Answers
35 Consultations

4.4 on 5.0

Complain to women commission and director of education. You may file complain online.

Yogendra Singh Rajawat
Advocate, Jaipur
19367 Answers
25 Consultations

4.5 on 5.0

As such women employees having worked for 80 days in the 12 months preceding the expected date of delivery should be given 26 weeks leave with pay and medical bonus of Rs 3500. Many of the schools are covered under ESI Act, 1948. In such cases, Maternity Benefit Act, 1961 is not applicable.Take your case in this aspect and complaint to the DIOS regarding coercive methods being adopted by the mangement.

Koshal Kumar Vatsa
Advocate, Gurgaon
1977 Answers
1 Consultation

5.0 on 5.0

You are entitled  to maternity leave under provisions of Maternity Benefit Act, 1961. Your school authorities cannot force you to resign.

You can lodge complaint with DEO of your area bringing the issue to their knowledge and for taking action.

 

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

Actions of the school authority are highly unethical as well as illegal as Maternity Benefits Act is applicable to all organizations that employ 10 or more persons for women working both in the private sector and public sector.

Serve the legal notice to the school authorities asking them to pay the salary for the duration of the maternity leave. If they fail to do so within 15 days of receipt of the legal notice, file a complaint against them inLablur court. Also, give a copy of complaint to the national commission of women.

If an employer does not adhere to the Maternity Act, there are severe repercussions. The penalty to an employer for non-acceptance of the Act is a fine of Rs. 5000/- or imprisonment which can extend to a year or with both.

Siddharth Jain
Advocate, New Delhi
5491 Answers
61 Consultations

5.0 on 5.0

school authorities cannot force you to resign.

if your employer denies you the same you can file a case against him in the labour court or the civil court seeking maternity relief benefits and compensation.

Mohammed Mujeeb
Advocate, Hyderabad
16509 Answers
11 Consultations

4.5 on 5.0

See you can complaint before the labor Inspector in your area if there is no resolution of the issue you can file a writ petition before the high court. 

Shubham Jhajharia
Advocate, Ahmedabad
24916 Answers
99 Consultations

5.0 on 5.0

1. You can file suit against management of school for claiming salary of extra three months leaves which was not approved by them. 

2. You can also claim compensation for harassment and work you have done while on leave. 

Mohit Kapoor
Advocate, Rohtak
8695 Answers
3 Consultations

5.0 on 5.0

An internal complaint committee shoukd be functioning in your school for harassment at workplace. Give your complaint to the committee. If it doesn't exist then they are flouting the law.

Rahul Mishra
Advocate, Lucknow
9036 Answers
15 Consultations

5.0 on 5.0

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