• Maternity benefit

I am a doctor working in kerala state health services.my wife is pregnant and her date is due.I have been assigned on additional duty during that  time i applied for leave citing the reason but my superior is not willing.She is saying that if i want leave i should arrange for someone in my place .My wife has made a request stating that she needs my presence during that period .if the superior is still adamnt what shall i do.
Asked 3 years ago in Labour from Trivandrum, Kerala
The Paternity leave is mandated by the government. Under the Central Civil Services (Leave) Rules, (if the same is applicable at Kerala State Health services), a provision is provided for paternity leave to the male employee for 15 days. it is provided to those only with less than two surviving children. If you are not being granted the leave, approach the higher authorities. You cannot be shouldered the burden of replacing you in any govt. organisation.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. Check from your service  rule  whether paretnity is allowed or not,

2. If there is a provision, then apply paternity leave for that period,

3. If there is no such rule, then I am afraid, your leave depends on your sanctioning authority only,

4. Try to settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
18493 Answers
448 Consultations

5.0 on 5.0

1. There are few points to be noted here,

2. If there is provision of paternity leave in your organisation, you are entitled to it,

3. It is no rule/law that you shall have to provide your replacement for taking leave,

4. However, the final thing is that GOVT has the authority to refuse/cancell leave of doctors during emergencies/exegencies,

5. Settle the matter amicably with your superiors.
Krishna Kishore Ganguly
Advocate, Kolkata
18493 Answers
448 Consultations

5.0 on 5.0

Legally as you have described under the provisions you are entitled to avail paternity leave.The service rules provides so.
Now if it is not possible for you to arrange for a replacement you will have to deal with your superior and convince her of your exigency.
Unless an approval is obtained from the superior you won't be able to leave on leave and would invite their wrath and possible punitive action as you have described.
Sabarimala assignment being treated as a special assignment the authorities reserve the rights to take their own course of action in implementation.
It is advisable to find a conciliatory path and convince the superior and get what you want.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

Under the Rules as applicable, you are entitled for paternity Leave. It is not a precondition to avail leave, applicant/employee is required to arrange a replacement .If sanctioning authority is not granting leave in accordance with Rules,approach to higher authority or court for direction to authority concerned to exercise powers judiciously and not arbitrarily.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer