Maternity Leave and Child Care Leave to Women Employees

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/

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

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.

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Maternity Leave and Pension

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

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Women Government employees commissioning Surrogacy to get maternity leave

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.

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

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

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Treatment of period of Leave towards minimum residency period for in-situ promotion under Flexible Complimentary Scheme.

NO. AB 14017/32/2013-Estt.(RR)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, the 30th July, 2014

OFFICE MEMORANDUM

Subject: Treatment of period of Leave towards minimum residency period for in-situ promotion under Flexible Complimentary Scheme.

The Department of Personnel & Training vide OM No. 2/41/97-PlC dated 15.11.2000 and OM No. AS. 14017/38/2003-Estt (RR) dated 13.8.2003 had issued instructions regarding treatment of the period spent on

deputation/foreign service to another Scientific post as well as the period of Study Leave/ any other Leave taken for improving the academic accomplishments, and the Maternity Leave, Leave sanctioned in continuation of Maternity Leave and Earned Leave shall be taken into account while computing minimum residency period for promotions under FCS.

2. All women employees, having minor children, have been allowed total leave upto two years for taking care of upto 2 children as Child Care Leave (CCL) on the recommendations of the 6th CPC. References have been received from some of the Scientific Departments on the issue of treatment of period of CCL towards minimum residency period for in-situ promotion under Flexible Complimentary Scheme.

3. The criteria for promotion under the Flexible Complementing Scheme is proven merit and records of research and the assessment norms for promotion under FCS should be rigorous. Only scientists/technologists holding scientific/technical posts in scientific/technological departments and who are actually engaged in scientific activity/service are only given in-situ promotions under the FCS, after a thorough examination of their performance. During their absence on leave availed on personal grounds, etc the scientists do not perform any scientific activity/research work and as such inclusion of such period while computing the minimum residency period will be against the general principles and spirit of FCS.

4. It has, accordingly, be decided in consultation with Ministry of Science & Technology that the following types of leave availed by an eligible scientist shall be counted towards minimum residency period required to be put in by the scientists in the lower grade for consideration for promotion under Flexible Complimentary Scheme.

(i) The period spent on deputation/Foreign Service to another scientific post, which helps a Scientist to acquire scientific experience in a diverse set up.

(ii) Period of Study Leave/ any other Leave taken for the academic accomplishments to improve scientific knowledge.

(iii) Maternity Leave sanctioned as per Leave Rules shall be treated as duty while counting the minimum residency period for promotions under FCS.

(iv) Leave of a maximum period of one year sanctioned in continuation of maternity leave as per Leave Rules may also be treated on par with maternity Leave and this period may consequently be taken into account while counting the minimum residency period.

(v) Earned Leave and/or Child Care Leave for a total period not exceeding 180 days sanctioned as per Leave Rules shall also be taken into account while computing minimum residency period.

(vi) The period spent on deputation/foreign service to a non-scientific post and the period of leave including leave on medical grounds, EOL etc. availed on personal grounds shall not count towards the minimum residency period.

5. These instructions will take effect from the date of issue of these orders. Pending cases may also be decided based on these instructions but past cases already decided may not be re-opened.

6. Hindi version will follow.

Sd/-

(Mukta Goel)

Director (E- 1)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB-14017_32_2013-Estt.RR-30072014.pdf

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Enhancement of the period of Maternity Leave to female Government servants.

PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

Sub:-   Enhancement of the period of Maternity Leave to female Government servants.

Preamble:

   Government have accepted the recommendation of the Official Pay Committee 2011 to increase the period of maternity leave to female Government servants from 135 days to 180 days and hence, the following order.

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Maternity Benefit Act, 1961

Ministry of Labour & Employment

Maternity Benefit Act, 1961

   Review and amendments of various labour laws is an ongoing process. The Maternity Benefit Act, 1961 was amended in 2008 by which for section 8, the following section was substituted:

   “8(1) Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

   (2) The Central Government may before every three years by notification in the Official Gazette increase the amount of medical bonus subject to the maximum of twenty thousand rupees”.

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Extension of Maternity leave period for female teaching and non-teaching employees of Govt. Aided/Sponsored Primary Schools

Government of West Bengal

School Education Department

Primary Branch

Bikash Bhavan, Salt Lake, Kolkata-700 091.

No.573-SE(Pry)/ 10R-1/99.

Dated the 15th September, 2011.

MEMORANDUM

   Under Memorandum No.1146-F(P), dated 14.02.2011 the State Government has extended the period of Maternity leave to female State Government employees for a maximum period of 180 days subject to existing terms and conditions with effect from 01.01.2011.

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INCREASE OF MATERNITY LEAVE IN WEST BENGAL

Government of West Bengal

Finance Department

Audit Branch

MEMORANDUM

No : 1146-F(P)
Kolkata, the 14th February,2011

     The matter of enhancement of the ceiling of Maternity Leave on the recommendation of the Fifth pay Commission has been under active consideration of the Government for some time past. At present a female State Government employee is entitled to Maternity Leave for 135 days in terms of Rule 199 of West Bengal Service Rule, Part-I read with Finance Department Memo No. 3453-F dt 28.03.01.

     After careful consideration of the matter the Governor has been pleased to decide that a female State Government employee may be granted Maternity Leave for a maximum of 180 days subject to the existing terms and conditions as laid down in Rule 199 of the West Bengal Service Rule, Part-I.

This order shall take effect from 01.01.2011.

Necessary amendments of the relevant Rules will be made in due course.

Sd/-

S. K. Chattopadhyay

OSD & Ex-officio Special Secretary to the

Government of West Bengal, Finance Department.

Click Here To View The Order

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