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Lmaternity leave

(Querist) 20 July 2013 This query is : Resolved 
sir,
after marriage my wife's first abortion(she availed 6 week maternity leave) then my first delivery my wife availed 4 month leave on payment but second delivery, department said this is the third time, you want to take leave as matternity leave, and refuge to senction her 4 month leave, sir rajasthan service rules rule and regulation kindle watch in attached file, please reply me after study " maternity benifit act 1961" and my rsr rules and reply me soon
thanks


maternity rule is as follow
[103. Maternity leave. —A competent authority may grant "Maternity Leave" to female Government servant twice during the entire period of her service. However, if there is no surviving
child even after availing of it twice, Maternity Leave may be granted on one more occasion.
£The maternity leave may be allowed on full pay for a period which may extend upto the period of 90
days from the date of its commencement.
@ Substituted vide F.D. Notification No. F. 1(43) FD (Gr.2)/83, dated 2-2-1984 for:

Note "Note: —Maternity leave under this rule may also be granted in cases of miscarriage,
including abortion, subject to the following conditions: —
276
either once or twice subject to total of six weeks during the entire service
provided that the application for leave is supported by a certificate from the
authorised medical attendant.

Sudhir Kumar, Advocate (Expert) 20 July 2013
maternity benifit act 1961 does not apply to Govt employees
Dr. Jyothi Vishwanath (Expert) 20 July 2013
Agreed to the expert. Government employees are governed by their service rules in regard to this.
Rajendra K Goyal (Expert) 20 July 2013
Agree with the experts.
R.K Nanda (Expert) 20 July 2013
nothing to add.
Raj Kumar Makkad (Expert) 21 July 2013
Sepaeate law is prescribed for such issues by various State governments so go through the relevant rules.
anil sharma (Querist) 22 July 2013
thanks to reply, but my main question is
leave of six week after abortion or miscarriage can be count two times, is legal
there is no perticular defination given in the rules, such as
what is dilivery and what is abortion]
my dispute is that below the rule about abortion is excluding of two times of 120 days maternity leave which are given after delivery,
so please rply me sir
Dr. Jyothi Vishwanath (Expert) 22 July 2013
Your whole question needs to be properly framed. Nothing can be understood.


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