Maternity leave
Guest
(Querist) 09 March 2016
This query is : Resolved
just want to know that in case of any other leave availed after child birth. till when a lady can avail her maternity leave? or the maternity leave starts automatically from the day when the baby is born?
Sudhir Kumar, Advocate
(Expert) 10 March 2016
you have not even stated he fact whether it is govt job or private job.
P. Venu
(Expert) 10 March 2016
What is the real issue?
Rajendra K Goyal
(Expert) 10 March 2016
Academic query in absence of material facts.
Kumar Doab
(Expert) 10 March 2016
The Maternity Benefit period is counted from...............days from expected date of delivery and after child birth.
If the pregnant woman suffers from sickness due to pregnancy delivery then another period is admissible.
You may look into Maternity Benefit Act/rules applicable to establishment/you.
Guest
(Querist) 10 March 2016
sir, actually my sister is a teacher in kendriya vidhyalaya, her EDD is in April 2016 and the summer vacations would start from May 2016 to june 2016.
just need ur advice whether she should take some other leave for one month after her child birth so that she could combine her summer vacation with maternity leave after june onwards or the maternity leave starts automatically from the date of her child's birth?
Kumar Doab
(Expert) 10 March 2016
The answer lies in applicable rules.
P. Venu
(Expert) 10 March 2016
Kendriya Vidyalayas follow CCS(Leave) Rules, 1972. Grant of maternity leave is governed by provisions of Rule 43:
43. Maternity Leave
(1) 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 (180 days) from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
NOTE :- In the case of a person to whom 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 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 two years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account.
Guest
(Querist) 11 March 2016
thanks sir for the valuable guidance.
Kumar Doab
(Expert) 11 March 2016
You are welcome and your coming back to post thanx is appreciated.
