Salary during maternity period
Sonu Goyal
(Querist) 08 May 2016
This query is : Resolved
Sir. My wife was working in session court hoshiarpur punjab as clerk on adhoc basis and joined on 18 august 2013. At joining time she was pregnant about 4 month. After that she fot maternity leave from January 15 to 15 march 2014 she joined her duty after maternity leave on 16 march 2014during this the department have not released her salary.can we get the salary of the said period od maternity leave.if yes then how. Please help me
Kumar Doab
(Expert) 08 May 2016
Repeated Query:
http://www.lawyersclubindia.com/experts/Salary-during-maternity-period-597736.asp
R.K Nanda
(Expert) 08 May 2016
repeated query.
Sudhir Kumar, Advocate
(Expert) 08 May 2016
Maternity benefits Act does not apply to Govt servants. Maternity leave of Govt servant is governed by the leave rules of the Center/State Govt or PSU in which she is employed.
Under the given circumstances the leave salary could not have been denied as the Maternity leave is not governed by any minimum qualifying service.
In case she has submitted a well drafted representation in writing the case can be file din High Court if there is no State Administrative Tribunal.
Sudhir Kumar, Advocate
(Expert) 08 May 2016
just consult if any separate leave rules exist for ad-hoc employee.
if there is no such rules the irrespective of service matter this can be represented to SWC/CWC being a female specific harassment.
Kumar Doab
(Expert) 09 May 2016
Post the link to the rules that you have cited in other thread.
Post everything in other thread and continue one thread.
P. Venu
(Expert) 09 May 2016
The extant rules does not lay down any conditions as to length of service or nature of employment. Your wife may represent, and if of no avail, seek judicial review.
