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Frequently Asked Questions on Maternity Leave

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FAQ on Maternity Leave : Can Casual Leaves be combined with Maternity leaves?

Frequently Asked Questions on Maternity Leave

FAQ on Maternity Leave

Question: When I can start the maternity leave?
Answer: You can start your maternity leaves six weeks before the expected date of your delivery.

Question: Can I work till the day of my delivery so that I can have more time with my baby?
Answer: Yes, You can work up to the day of your delivery and then also you will be entitled for the maternity benefit

Question: Can I ask my office to give me lighter jobs during pregnancy to avoid physical strain?
Answer: You can definitely ask your boss to change your duties if your job involves long standing time, working with obnoxious, hazardous chemicals or any type of work which can be harmful for mother or baby’s health and development.

Question: What will happen if I join office before completing my maternity leave?
Answer: If you join the office before the completion of your maternity leave period, your maternity benefits automatically gets cancelled. So if you need to do some office job during maternity leave period, do it as obligatory rather than formally joining the office. Remember, office cannot compel you to join during maternity leave.

Question: Can I extend leaves for the care of the child, after the maternity leaves are over?

Answer: As per CCS rules for government employees, maternity leaves can be combined with any kind of leaves (including commuted leave up to 60 days and leave not due) and extendable up to one year in continuation without medical certificate. Remember the leaves to be taken up in continuation; if you join office, then this rule does not apply. For private sector companies, the policy differs from company to company and one needs to check their company’s HR policy for details.

Question: Can Casual Leaves be combined with Maternity leaves?
Answer: No, Casual Leaves cannot be combined with maternity leave

Question: Now, the Government has given one more leave to women employees i.e. Child Care Leave. Can it be combined with Maternity Leave?
Answer: Yes, It can be combined with Maternity leave. remember, not to join back in the office. As soon as you join back your maternity benefits gets cancelled.

Question: Can CL be combined with Maternity Leave?
Answer: Not since CL is not considered a leave.

Question: I’ve adopted a new born baby, am I eligible for maternity leave?
Answer: Yes it is clearly allowed now

Clarification Regarding Maternity Leave Incentive Scheme

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Clarification regarding Maternity Leave Incentive Scheme

Ministry of Labour & Employment
Clarification regarding Maternity Leave Incentive Scheme

In a section of media, there have been some reports about Maternity Leave Incentive Scheme. In this regard, the Ministry of Labour & Employment has clarified the following –

Background- (i) The Maternity Benefit Act, 1961 applies to establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities. The main purpose of this Act is to regulate the employment of women in certain establishments for certain period before and after child birth and to provide maternity benefit and certain other benefits. The Act was amended through the Maternity Benefit (Amendment) Act, 2017 which, inter alia, has increased the paid maternity leave to women employees from 12 weeks to 26 weeks.

While the implementation of the provision is good in Public Sector, there are reports that it is not good in Private Sector and in contract jobs. There is also a wide perception that private entities are not encouraging women employees because if they are employed, they may have to provide maternity benefit to them, particularly 26 weeks of paid holiday. In addition, the Ministry of Labour & Employment is also getting complaints from various quarters that when the employers come to know that their women employee is in the family way or applies for maternity leave, the contracts are terminated on some flimsy grounds. There have been several representations before the Labour Ministry on how the extended maternity leave has become a deterrent for female employees who are asked to quit or retrenched on flimsy grounds before they go on maternity leave.

Therefore, the Ministry of Labour & Employment is working on an incentive scheme wherein 7 weeks’ wages would be reimbursed to employers who employ women workers with wage ceiling upto Rs. 15000/- and provide the maternity benefit of 26 weeks paid leave, subject to certain conditions. It is estimated that approximately an amount of Rs. 400 crores would be the financial implication for Government of India, Ministry of Labour & Employment for implementing the proposed incentive scheme.

Major Impact: The proposed Scheme, if approved and implemented shall ensure the women in this country an equal access to employment and other approved benefits alongwith adequate safety and secure environment. Also, the women shall continue to bear the major share of household work as well as child care. The work places will be more and more responsive to the family needs of the working women.

Current Stage of the Proposal:
There are some media reports that this Scheme has been approved/notified. However, it is clarified that Ministry of Labour & Employment is in the process of obtaining necessary budgetary grant and approvals of Competent Authorities. The reports that it will be funded from Labour Welfare Cess, is also incorrect, as no such cess exists under this Ministry.

Source: PIB News

Maternity Leave and Child Care Leave to Women Employees

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Maternity Leave and Child Care Leave to Women Employees

Alternative Arrangement in Place of Employees on Child Care Leave

LOK SABHA
UNSTARRED QUESTION NO: 3587
ANSWERED ON: 08.08.2018

Alternative Arrangement in Place of Employees on Child Care Leave

NAGARAJAN P
(a) whether the Union Government is aware of the fact that the office work is being totally disrupted due to absence of women employees on account of the long paid maternity leave and child care leave;
(b) if so, the details thereof;
(c) whether the Government has calculated days and assessed working during maternity/child care leave for making provisions of staff to overcome the shortage or cope up with the work in the absence of women employees who are on maternity and child care leave;
(d) if so, the details thereof; and
(e) if not, the reasons therefor?

Read also: Child Care Leave – DoPT Clarification Orders on 22.6.2018

ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (e) : Disruption in the office work due to absence of women employees on account of the long paid Maternity Leave and Child Care Leave has not come to the notice of the Government. Ministries/Departments are authorized to make suitable leave arrangements to cope up the loss of work hours when an employee proceeds on any kind of leave including Maternity and Child Care Leave. There is also provision for creation of leave reserve posts to cover the leave vacancies. No centralized data is maintained in this regard.

Click to read in Hindi

Authority: https://loksabha.nic.in/

Gazette Notification on Gratuity: Amount, Effective Date and Maternity Leave

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Gazette Notification on Gratuity: Amount, Effective Date and Maternity Leave

“Gratuity Ceiling Amendment Notifications issued by Government of India regarding Upper limit of Gratuity Payment, Date on which come into force and Maximum Period of Maternity Leave…

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1419(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Payment of Gratuity (Amendment) Act, 2018 (12 of 2018), the Central Government hereby appoints the 29th day of March, 2018 as the date on which the said Act shall come into force.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1420 (E).—In exercise of the powers conferred by sub-section (3) of section 4 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies that the amount of gratuity payable to an employee under the said Act shall not exceed twenty lakh rupees.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1421 (E).—In exercise of the powers conferred by clause (iv) of the Explanation to sub-section (2) of section 2A of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies for the purposes of the said clause that the total period of maternity leave in the case of a female employee shall not exceed twenty-six weeks.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

Click to view notification

Maternity Leave and Pension

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Maternity Leave and Pension

Ministry of Personnel, Public Grievances & Pensions

Maternity Leave and Pension

Hon’ble Delhi High Court vide its judgement dated 17.07.2015 in the Writ Petition (C) No. 844/2014 – Rama Pandey vs. Union of India &Ors., has laid down that a female employee, who is the commissioning mother, would be entitled to apply for maternity leave. Department of Personnel and Training, after examination of the judgement, has circulated it to all Ministries/Departments for wide publicity vide Office Memorandum dated 29.01.2018.

In accordance with the Office Memorandum No. 1/13/09- P&PW (E) dated 19th July, 2017, family pension would also be granted to a divorced daughter from the date of divorce in cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death, subject to fulfilment of all other conditions for grant of family pension.

No centralized data regarding grant of pension/family pension by the various Pension Disbursing authorities is maintained.

This was stated by the Minister of State for Personnel, Public Grievances & Pensions and Prime Minister’s Office, Dr. Jitendra Singhin a written reply to question in the Lok Sabha today.

Source: PIB

Women Government employees commissioning Surrogacy to get maternity leave

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Women Government employees commissioning Surrogacy to get maternity leave

Ministry of Personnel, Public Grievances & Pensions
Women Government employees commissioning Surrogacy to get maternity leave: Dr Jitendra Singh

The Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the women Government employees who have commissioned surrogacy will now be entitled to maternity leave. He also said that divorced daughter will be eligible for family pension if divorce case has been filed before the death of pensioner/family pensioner, even though the judgment has been passed after the death of the pensioner/family pensioner. He was briefing media at a press conference organised by the Ministry of Personnel, Public Grievances and Pensions, here today. He also announced that Constant Attendant Allowance on disability pension has been increased from Rs 4,500 per month to Rs 6,750 per month. The Minister said that these are the revolutionary steps forward and will promote gender equality and provide equal financial benefit to women. These are not only financial reforms, but also social reforms keeping in mind the futuristic society, he added.

Briefing the media, Dr Jitendra Singh said that the emphasis of the Government led by Prime Minister Shri Narendra Modi has been on the welfare of weaker sections. The focus of the Budget this year has been on the senior citizens, he added. The Minister also highlighted other initiatives of the Government such as Pradhan Mantri Mudra Yojana, Start up India, Stand up India and Pradhan Mantri Jan Dhan Yoajna. Various achievements of DoPT were highlighted on the occasion e.g. electronic-Human Resource Management System (e-HRMS) launched on Good Governance Day i.e. 25th December, 2017, launching of Online System for Monitoring of Disciplinary Proceedings launched for expediting the proceedings against government employees involved in corruption cases and Certificates of Excellence for RTI Request & Appeals Management Information System in various categories, among others.

Secretary (DoPT), Shri Ajay Mittal, Secretary, DARPG & Pensions, Shri K V Eapen and senior officers of the Ministry of Personnel were also present on the occasion.

Delhi High Court order on maternity leave in case of surrogacy – Dopt Orders

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Delhi High Court order on maternity leave in case of surrogacy – Dopt Orders

No.13018/6/2013-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

JNU Old Campus, New Delhi
Dated 29 January, 2018

OFFICE MEMORANDUM

Subject: Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s Uol & Others — reg.

The undersigned is directed to enclose herewith Hon’ ble High Court of Delhi’s Order dated 17th July, 2015 in the Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama
Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others.

2. All Ministries/Departments are advised to give wide publicity of its contents to the concerned officers.

3. This issues with the approval of Secretary (P).

sd/-
(Sandeep Saxena)
Under Secretary to the Govt. of India

Click to read the Delhi High Court Judgment

Authority: http://dopt.gov.in/
Original link: www.dopt.gov.in
Download link: Surrogacy meternity leave

Clarification on Recently Notified Maternity Benefit (Amendment) Act, 2017

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Clarification on Recently Notified Maternity Benefit (Amendment) Act, 2017

Press Information Bureau
Government of India
Ministry of Labour & Employment

08-May-2017 16:46 IST

Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017

The Government has notified the Maternity Benefit (Amendment) Act,2017 on 28th March,2017 and the provisions of the Amendment Act have come into force with effect from 1st April,2017, except those relating to crèche facility {Section 4(1)} which would come into force from 01.07.2017.

Keeping in view queries received from various quarters, the Ministry of Labour & Employment, on 12.04.2017, had issued certain clarifications on various provisions of Maternity Benefit (Amendment) Act, 2017. One of the clarifications issued by the Ministry stated that the enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act.

Having received further queries and to remove doubts, it is further clarified that it is mandatory on the part of employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. as on 01.04.2017.

Woman employees may be granted Maternity Leave of two months – CGDA

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Woman employees may be granted Maternity Leave of two months – CGDA

CGDA Clarification Regarding Granting of Maternity Leave

IMPORTANT CIRCULAR

CGDA, Ulan Batar Road, Palam, Delhi Cantt-110010

AN/XlV/19404/Leave Matters/Vol-lll

Dated :19.04.2017

To
All PCsDA/CsDA/PCA(Fys)

Subject : Grant of Maternity leave – Clarification

A reference was made to DOP&T regarding quantum of maternity leave admissible to a female government servant consequent upon death of the child(s) after birth.

2. In reply, DoP&T has clarified that — in case of death of child shortly after birth, the woman employees may be granted Maternity Leave of two months for recovery after delivery of the child

3. Similar cases/requests may be regulated accordingly.

sd/-
( Kavita Garg )
Sr.Dy.CGDA(AN)

Click to view the CGDA orders on maternity leave

Authority: CGDA

Maternity Benefit Bill passed in Parliament – Maternity Leave 26 weeks for working women

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Maternity Benefit (Amendment) Bill, 2016 passed in the Parliame : The Bill seeks to increase maternity leave available to working women from the current 12 weeks to 26 weeks for the first two children

Lok Sabha Passes Maternity Benefits (Amendment) Bill, 2016

Press Information Bureau
Government of India
Ministry of Women and Child Development
09-March-2017 18:37 IST

Maternity Benefit (Amendment) Bill, 2016 passed in the Parliament

The Bill seeks to increase maternity leave available to working women from the current 12 weeks to 26 weeks for the first two children

The Lok Sabha has passed the Maternity Benefit (Amendment) Bill, 2016 today. The Bill had already been passed by the Rajya Sabha during the Winter Session. With this, the Bill stands passed in the Parliament.

The Bill seeks to amend the Maternity Benefit Act, 1961 to provide for the following:-

(i) Maternity leave available to the working women to be increased from 12 weeks to 26 weeks for the first two children.

(ii) Maternity leave for children beyond the first two will continue to be 12 weeks.

(iii) Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months as well as to the “commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.

(iv) Every establishment with more than 50 employees to provide for crèche facilities for working mothers and such mothers will be permitted to make four visits during working hours to look after and feed the child in the crèche.

(v) The employer may permit a woman to work from home if it is possible to do so.

(vi) Every establishment will be required to make these benefits available to the women from the time of her appointment.

The Minister of Women and Child Development, Smt. Maneka Gandhi thanked the Minister for Labour and Employment, Shri Bandaru Dattatreya for taking up the demand of lakhs of women across the country and for having steered the Bill through Rajya Sabha as well as the Lok Sabha. In her message to the working women, Smt. Gandhi congratulated the women who are planning to have a child and has stated that the Ministry of Women and Child Development will continue to work for the empowerment of women.

The amendments in the Bill were taken up following the request by the WCD Minister to the Hon’ble Labour Minister to bring about these changes so that a working woman gets time to exclusively breast-feed her child for 6 months after the birth. This period also enables the working mother to recuperate herself before she goes to back to work. In her communication to the Labour Ministry, the WCD Minister had also highlighted the concerns of commissioning and adopting mothers who also require maternity leave.