in normal circumstances,

Unless the authority competent to grant leave extends the leave, a Government servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it was half-pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

Willful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

now, in the current scenario (ESMA), the government can take strict action against you.

1. These are extraordinary times where ESMA has been invoked by the state governments to ensure that there is uninterrupted supply of medical services. Hence, the rights which otherwise accrue to you during ordinary times cannot be claimed now.

2. If you go on leave without taking approval then you can be arrested and prosecuted under ESMA.

As far as your maternity benefits are considered they can't invoke esma in that conditions. Esma is for voluntary act not for legal rights. You can take you leave as per maternity benefits Act. 

Willful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action. Andhra Pradesh imposes ESMA on health, medical services for 6 months. Any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act. He/ She shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

Normally a Government servant who remains absent after the end of his leave is entitled to no leave salary for the period of such absence, and that period will be debited against his leave account as though it is leave on half pay unless extension of leave is granted by the competent authority.

But at the time of ESMA ,  Leave is a permission granted to a Government servant to be absent from actual duty. leave cannot be claimed as a matter of right. When exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved with the sanctioning authority. But at the same time the competent authority cannot compel a Government servant to take leave on half pay when leave on full pay is permissible to him.

Madam,

However the duty is important in the ESMA Act but the care of infant can't be ignored by anyone (I mean by any authority). It is also possible some times that immediate superiors are instructed not to grant the leave and hence you may submit an humble application requesting you to give some time gracefully so that infant child be taken care of. I hope that your application will be heard at higher level and if not heart, then path of writ petition may be approached for the same.  

If ESMA Act is in place of your state then under no circumstances you would be granted leave. 

I can understand your problem but for the larger public good you will have to make this sacrifice.

At least you are fortunate that you are given a scope to serve the mankind which majority of people including us inspite of our willingness can't do much. 

All the best.

1. You have to work.

2. If during these turbulent times every doctor is allowed to proceed on maternity leave then larger interest of society will suffer. It is most unlikely that you will get any relief from the court, yet nothing stops you from filing a writ petition in the High Court.

You would not be granted leave as ESMA has been invoked 

2) if you go on leave without permission disciplinary action can be taken against you 

For feeding child you can take some break during working hours 

however you would not be granted any leave 

All of us believe that no cause can be greater and nobler than the cause of saving a human life. This is the worst time which faces the whole world in the Universe and doctors face high-octane situations and treating severely ill patients. When a pandemic is declared and they are at the forefront of testing and caring the doctors being in the Army in times of war. Now most of the doctors say that I work with infectious patient’s everyday and I always make sure that I take enough precautions.

The doctor is subject to a number of competing duties: 1) a duty to patients; 2) a duty to protect oneself from undue risk of harm; 3) a duty to one’s family; 4) a duty to colleagues whose workloads and risk of harm will increase in one’s absence; and 5) a duty to society. At the time of registration, each doctor takes the Hippocratic Oath, declaring, “ I solemnly pledge myself to consecrate my life to the service of humanity; I will practice my profession with conscience and dignity; the health of my patient will be my first consideration. I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient. I will maintain the utmost respect for human life from the time of conception.

In hospitals around the world, doctors, nurses and other healthcare workers are fighting an enemy that has already killed more than 1, 51,020 people. And as with any war, the fight against COVID-19 will result not just in direct casualties, but also take a terrible toll on the minds of many of those who survive.

In your case you have new born baby. You have feared professional repercussions. So try to convince your superior officers.Other wise face disciplinary actions .

You can take leaves 

Nobody working in the specified areas can refuse to render services for six months under the Act.

ESMA is applicable to all Health facilities, doctors, nurses and health personnel. Sanitation workers in health facilities.purchase, maintenance and transport of medical equipment, sale, transport and manufacturing of medicines and drugs, ambulance services,water and electricity supply, security related services, food and drinking water provision and management and bio medical waste management.

No doubt you have to take care of feeding your child also, however if you are forced to work you can take break for feeding purpose.

Hope that will be allowed.

Dear Madam,

Legally allotted 6 months  period of  maternity leave already availed by you. Now the situation is changed and every body and even the entire world is sinking and death sword is hanging on everybody’s head. Only health department can handle the situation so govt. has no alternative except to exercise powers under ESMA. If you claim for rights you may lose the job. Your duty is more important than your child and please make some alternative arrangements for the welfare of the child.

1. ESMA doesn't mean slavery,

2. recently an IAS officer from Andhra Pradesh, decided to forego her 6-month maternity leave and returned to work within 22 days of giving birth.

3. I can understand your job requires a lot of risks since many doctors/nurses/medical staff are getting infected from the Covid19.

4. you can take a risk by going on leave without proper approval but the department may initiate strict action against you, however, you will be provided with equal opportunity to defend yourself

Hello,

1. The ESMA is applicable in situations where essential services have to be maintained and the governments have no choice but to invoke the provisions. It is true that great inconvenience and trouble are caused to those who fall within its ambit.
2. You may be aware that non compliance can lead to punitive action including imprisonment and can have impacts on your employment as well.
3. The only reprieve you may have is to request some relaxation on the hours you work or the shifts you work in considering your circumstances.

Try taking the leave through filing temporary injunction suit.

Hello,

In the current situation you must have to be in service and sadly you are not entitled to any other leave except the maternity leave at this moment which ch you already took.

Hope this helps 

Regards

You can apply of leave and if deckined than wait till epidemic over. Without approval if went on leave, lost of job, may be medical practise license also get cancel for long and case can also file.

- The Andhra Pradesh government has imposed the Essential Services Maintenance Act (ESMA), 1971 on health and medical services for a period of six months, and declare the following services as Essential Services for a period of six months for refusal to work in or for all government and private health and medical facilities with immediate effect.

- The services are -- all health facilities, doctors, nurses and health personnel, sanitation workers in health facilities, purchase, maintenance and transport of medical equipment, sale, transport and manufacturing of medicine and drugs, ambulance services, water and electricity supply, security related services, food and drinking water provision and management, and bio medical waste management.

- Hence, a doctor cannot take leave during this period of lockdown.

- However, as per Railway board circular , it has exempted its employees , and doctors working therein , on the ground of child care .

- Since, your case is different from other doctors , and the baby needs special care , hence you will not face any consequences for the same. 

- However, you should forward an application to the higher official for an approval for granting leave,  after narrating your conditions , even online mode. 

If esma has been invoked in your state then you cannot take leave as this is an emergency situation. You should talk to superiors in this matter. The secretary to the government. Otherwise if you are absent they may take stringent steps against you. They may revoke your license even.

I don't know the duty hours but you may take some time off to feed your baby.

Andhra Pradesh invokes Essential Services Maintenance Act

The Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

1. You may have to face suspension and inquiry if you take leave without approval from seniors. 

2. You should give representation to highest authority of your hospital about your problem so that if they cannot give you leave they should adjust working hours as such that you dont have to face problem of not feeding your baby. 

You may decide to do this when you return to work after maternity leave. It allows you to continue to feed your baby breast, you can apply for leave before higher authority but chances are bleak. 

When provisions of ESMA are invoked under no circumstances an employee is granted leave.

If you go on leave by writing letter to your superior without approval / sanction, disciplinary action can be taken against you, more particularly under the present prevailing situation.

To quote the example of Vizag's Collector who joined duties after one of giving birth to child and carried the child to office (by cancelling balance 5 months maternity leave). 

Accordingly, since you being a Doctor, you can seek special permission to take your child to hospital and feed by the child taking break, as such, both the issues will be addressed.

No one will insist / order to do certain act / activity as slave without his / her wish. 

If you cannot manage it, you need to take the final call.

1. As per the information mentioned in the present query, makes it clear that you have been subjected to mental harassment despite having a genuine need of the time.
2. I would like to apprise you that you need not to think that you will be serving like a slave, as in you should make a detail representation to the department about the same issue.
3. And then if they don’t take it positively then you may also have to a approach the Hon’ble High Court Inder Writ jurisdiction seeking appropriate relief.