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Maternity Leave

(Querist) 30 October 2016 This query is : Resolved 
Sir, my daughter is working in AP state Government since last 3 & half years as a Grade 2 employees recruited directly through AP Public Service Commission. She blessed with Twins in First issue itself and both are living healthy. She availed maternity leave of 180 days. Now my daughter is pregnant. As per AP State Government G O, employees are not eligible for maternity leave if two children are alive. My query is it correct legally? If it is not correct what is the basis and whether there are any judgements of Honourable High Court or Supreme Court? If so may please give citations.
Kumar Doab (Expert) 30 October 2016
Rules mention about 2 children.

Download rules and relate.
kavksatyanarayana (Expert) 30 October 2016
As per AP government leave rules the female is eligible for ML if she is only one living child and at 2nd time born twins. But the first time she blessed with twins, she is not eligible for next ML as she is having two living children. refer GOs from the year 1968/1969.
adv.bharat @ PUNE (Expert) 30 October 2016
Agreed with expert.
Rajendra K Goyal (Expert) 31 October 2016
You can refer the mentioned rules.
Adv. Yogen Kakade (Expert) 31 October 2016
Rightly guided by Mr. Kavksatyanarayana
Kumar Doab (Expert) 31 October 2016
She has two surviving children.

Refer to the rules suggested by Mr. Kavksatyanarayana.

Dr J C Vashista (Expert) 01 November 2016
ML is restricted to two children, whether twin in one delivery or single child in two deliveries.
Consult service rules and a local lawyer.
Rajendra K Goyal (Expert) 01 November 2016
In the given facts, agree with the expert Dr J C Vashista.
Kumar Doab (Expert) 01 November 2016
If the rules provide for ML in your case then what is the need of citations!


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