all female employees whether contract , adhoc , permanent, or temporary entitle to maternity leave
in state of HP v/s sudesh kumari held by HP HC that all female employees entitled to maternity leave
Regarding maternity leave
Respected Sir/ Madam My self is Seema w/o Vinesh Kumar r/o H No- 87B , BLock- GA, Second Floor , Pul Prahladpur New Delhi-110044. i joind in GGSS Sriniwaspui (School ID- 1924031) under Directorate of Education ,Govt of NCT of Delhi in session 2012-13 on 17/07/2012 as a Guest teacher (P.G.T. - Hindi) vide ID no [deleted] .and after joining of regular teacher i relived from the my post after a period of two and half month. On the basis of same i again joined the Directorate of education Govt of NCT of Delhi as a PGT Hindi (Guest) and posted in GGSSS Madanpur Khadar (School ID-1925404) through Deputy Director of Education Distt. -South East , C-Block ,Defence Colony New Delhi on 09/08/2016 vide same ID no no [deleted]. at the time of joining i was pregnant of approx 9 month and my delivery date was due . so i applied for the 12 week (84 days) maternity leave from 16/08/2016 to 08/11/2016. Now i want to know ,"Am i entitled for the maternity leave." and ," these leave will full pay or not." If I am entitled for the same then provide proper guidance and help me. with regards Seema w/o Vinesh Kumar r/o H No- 87B , BLock- GA, Second Floor , Pul Prahladpur New Delhi-110044 Mobile No-[deleted]
Asked 8 years ago in Labour
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5 Answers
Yes u r entitled for maternity leave if u have disclosed the fact that u r pregnant. I know the thing i said is kiddish but it is fact. For further u can contact me in the evening
Rgds
If your joining on 09.08.2016 is confirmed, your are eligible for paid maternity leave with full payment. You have to submit your health reports proving your pregnancy, delivery and doctors reports regarding further mandatory rest period with the head of the school and copies shall be send to District Educational Officer, District Collector and concerned Govt., Principle Secretary and they will consider for the same.
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. Maternity Leave shall not be debited to the leave account. It may be combined with leave of any other kind except Casual Leave. During maternity leave, leave salary equal to last pay drawn is admissible.
The latest ruling with regard to maternity leave is that even the contractual employees are entitled to ML for 12 weeks.
The government is considering to extend the maternity leave from 12 weeks to 24 weeks at par with the regular employees.
You are entitled to maternity leave with full pay, if your application is rejected then you can send a written representation quoting the rule in this regard.
