• Maternity leave rule in central government services

Sir, I want to know about the maternity leave rule in central government services. I am working with Institute of Hotel Management under ministry of tourism government of India. I am on contract (faculty). Maternity leave is not mentioned  in my contract. How much leave I can get.its been 5 years overhere and this time i have got 11 months contract from september to august
Asked 2 years ago in Civil Law from Patna, Bihar
Dear Querist
read the below

Maternity Leave :-  Maternity leave is granted to women government employees.
1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.
2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.
The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.
Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..
Conditions for Child Care Leave
1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.
2. It can be availed in more than one spell.
3. It can not be debited against the leave account.
4. It may be combined with leave of the kind due and admissible.
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
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you can read in detail after go through the below mentioned link
http://www.delhi.gov.in/DoIT/DTC/PDF/6PCR/maternity_leave.pdf
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
1) Women contractual employees  will also avail the benefit of six-month maternity leave like their regular counterparts.many states like Delhi , haryana have granted this benefit to its contractual employees 

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
23211 Answers
1218 Consultations
5.0 on 5.0
The grant of various kinds of leave (including Maternity Leave) to employees of the Government of NCT is being regulated in accordance with the provisions laid down in the CCS (Leave) Rules, 1972.

7. Rule 43 of the CCS (Leave) Rules is extracted below:

43 Maternity Leave A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of [135 days] from the date of commencement. (180 days from 1.9.2008  See GID (5) below).

During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

NOTE.- In case of a person to whom the Employees State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

[(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government servant in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19:

Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.] (4) (a) Maternity leave may be combined with leave of any other kind.

(b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule(1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1) two years from 1.9.2008
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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1. Every female employee is entitled to receive maternity benefit if she works for a continuous period of 80 days in the twelve months immediately preceding the date of her expected delivery. If the woman employee is not covered under the ESI Act, 1948 then in that case she is eligible to have maternity benefit under this Maternity Benefit Act of 1961.

2. If you fulfill the above parameters you are entitled to maternity leave.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1. You can avail maternity leave even if  you are probational or employed on contractual basis. Leave is a provision to stay away from work for genuine reasons with
prior approval of the authorities. 

2. Maternity Leave shall not be debited to the leave account.Maternity Leave may be combined with leave of any other kind except Casual Leave. 

3. Any leave (including commuted leave up to 60 days and leave not due)
may be taken without medical certificate up to one year in continuation
of Maternity leave. 

4. During maternity leave, leave salary equal to last pay drawn is
admissible.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Yes contractual employees are also entitled to get six months maternity leave. It is a right of a pregnant woman as also held by the honble supreme court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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yes, contractual women employee are also entitle for six months maternity leave.
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
1. You will get 6 months maternity leave,

2. Your leave application shall have to be supported by medical certificate issued by appropriate medical practitioner.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Yes, contractual female employees are entitled to maternity leave as per judgement passed by the Apex Court of India.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. :- India is signatory of International Convention it has been made to the Convention of Elimination of All Forms of Discrimination against Women adopted by the United Nation on 18.12.1979. Accordingly, even casual female workers and female workers employed on daily wage basis are entitled to the benefit of Maternity Benefit Act.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
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Bombay Water Supply and Swaging Board vs. A. Rajappa, :- Absence of  a provision of giving maternity benefits,  in the agreement between the parties will not help so as to deprive the employee of her maternity leave in view of Section 27 of the Maternity Benefits Act, 1961
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

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