Navy Leave Rules 2019 to Officers, Sailors and Artificer Apprentices – Gazette Notification

Statutory Rules and Orders issued by the Ministry of Defence

Ministry of Defence

New Delhi, the 11th December, 2019

THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.

(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries.

(d)(i)	(aa) Period prior to the date of falling sick		By adjustment against future Annual Leave entitlement.
	(ab) 30 Days from the date of falling sick		As Sick Leave with full pay and allowances.
	(ac) Next 30 days		By adjustment against future Annual Leave entitlement.
(ii)	(aa) Cases in which treatment is taken in Military or Civil Government Hospital		By the Commanding Officer of the ship or Establishment.
	(ab) Cases in which treatment is taken at home		By the Commanding Officer of ship or establishment upto a maximum of 30 days and by the authority mentioned below upto a maximum of 60 days:-(aa) Commanding Officer of the ship of the rank of Captain or above if the ship does not have any Squadron Senior, but if the Commanding Officer is of the rank of Commander or below, then Administrative Authority in respect of sailors borne on the books of ship under his administrative control. (ab) Senior Officer of the Squadron if of the rank of Commander or above in respect of sailors borne on the books of the ship of his Squadron. (ac) Administrative Authority, if the Senior Officer is of the rank below that of a Commander in respect of sailors borne on the books of the ship of his Squadron. (ad) Commanding Officer of the shore establishment in respect of sailors borne on the books of his establishment.

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.

Fraud in Granting Maternity Leave in ESIC, complaint has been registered with the CBI

Fraud in Granting Maternity Leave in ESIC, complaint has been registered with the CBI

GOVERNMENT OF INDIA

MINISTRY OF LABOUR AND EMPLOYMENT

LOK SABHA

UNSTARRED QUESTION NO: 246

ANSWERED ON: 24.06.2019

Fraud in Granting Maternity Leave

Pankaj Chowdhary
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a) whether the cases of fraud in granting maternity leave with full salary in Employees’ State Insurance Corporation have come to the notice of the Government;

(b) if so, the details thereof; and

(c) whether the Government is likely to take any effective measure to check fraud in granting maternity leave with full salary?

 ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)

(a): Yes, Sir. Suspected cases of fraud have been detected in granting Maternity benefit under Employees’ State Insurance (ESI) Act, 1948.

(b): The Internal audit while conducting the regular audit observed irregularities in maternity benefit payments in Sector 23 & 27 Branch offices of Faridabad in Haryana Region. Prima-facie, the fraud was detected to have been done in collusion with the ESIC staff and some Employers for availing maternity benefit under ESI Act. A complaint has been registered with the Central Bureau of Investigation, Chandigarh for further investigation. Thirteen officials including Managers of the Branch offices and other staff in question, have been placed under suspension so far.

c): The ESIC has already taken the following actions in the aftermath of detection of this suspected fraud: -

i) Special Audit of all the maternity benefit payments made in all Branch offices of ESIC during last three years has been ordered.

ii) Instructions have been issued to all Regional Directors and Sub-Regional office-in charges to ensure strict adherence with the established procedure/Rules/Regulations while making maternity benefit payment. They have also been directed to keep strict vigil on the payments being made through the Branch Offices under their jurisdiction.

The Maternity Benefit (Mines and Circus) Amendment Rules, 2019

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th January, 2019

G.S.R. 57(E).- Whereas a draft of certain rules further to amend the Maternity Benefit (Mines and Circus) Rules 1963, among other rules, were published as required by sub-section (1) of section 28 of the Maternity Benefit Act, 1961 (53 of 1961), in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 413(E), dated the 23rd April, 2018, inviting objections and suggestions from all persons likely to be affected thereby, within a period of three months, from the date on which copies of Official Gazette containing the said notification were made available to the public;
And whereas copies of the said Official Gazette were made available to the general public on the 23rd April, 2018; And whereas the objections and suggestions received on the said draft rules from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 28 of the said Act, the Central Government hereby makes the following rules further to amend the Maternity Benefit (Mines and Circus) Rules, 1963, namely:-

1. These rules may be called the Maternity Benefit (Mines and Circus) Amendment Rules, 2019.
2. They shall come into force on the date of their publication in the Official Gazette.

2. In the Maternity Benefit (Mines and Circus) Rules, 1963, for rule 16, the following rule shall be substituted, namely: -

‘16. Annual return.- (1) The employer of every mine or circus shall, on or before the 1st day of February in each year, upload a unified annual return in Form X online on the web portal of the Central Government in the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form or otherwise

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in Form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.’

No. Z-20025/23/2018-LRC]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The Maternity Benefit (Mines and Circus) Rules, 1963 was published in the Gazette of India vide notification number G.S.R.1642, dated the 5th October, 1963 and lastly amended vide notification number G.S.R.435(E) dated the 29th May, 2015.

Via Maternity Benefit

Maternity Benefit Act - Creche Facilities for Employees

Maternity Benefit Act - Creche Facilities for Employees

Ministry of Labour & Employment
Creche Facilities for Employees

11 FEB 2019

The Maternity Benefit Act, 1961 is enforced and implemented by the respective State Governments in all sectors except in the Mines and Circus Industries. As per the Maternity Benefit (Amendment) Act, 2017, it has been made mandatory for the establishments employing 50 or more employees to provide creche facility, either separately or along with common facilities within a prescribed distance. Time to time, advisories are issued to State Governments for strict enforcement and compliance of the provisions of the Maternity Benefit Act, 1961. Government does not maintain data of defaulters centrally. Implementation of provisions relating to nursing breaks are also enforced by State Governments, except in case of mines and circus.

This information was given by Shri Santosh Kumar Gangwar Union Minister of State (I/C) for Labour and Employment in written reply to a question in Lok Sabha today.

PIB

5 Days Emergency Leave to GDS Employees

Five Days Emergency Leave to GDS

GDS: Maximum 5 Days Emergency Leave for Gramin Dak Sevaks

 

Department of Posts (Ministry of Communications) notified on 3rd January 2019 regarding the ‘Emergency Leave for a maximum of Five Days in a calendar year for all categories of Gramin Dak Sevkas (GDS).
Earlier, the Central Government approved and implemented the recommendations of Kamlesh Chandra Committee report to GDS Employees. Now, Central has decided to sanction the Emergency Leave to GDS Employees recommended by the Kamlesh Chandra Committee.
Consolidated instructions provided in the office memorandum and the benefit effective from 1.1.2019.
The Kamlesh Chandra Committee has recommended on Leave as follows…

• Provision of 26 weeks of Maternity Leave for women GDS has been recommended.
• The wages for the entire period of Maternity Leave is recommended to be paid from salary head from where wages of GDSs are paid.
• The Committee has also recommended one week of paternity leave.
• Leave accumulation and encashment facility up to 180 days has been introduced

Maternity Leave Incentive Scheme - Clarification by Ministry of Labour & Employment

Maternity Leave Incentive Scheme - Clarification by Ministry of Labour & Employment

Ministry of Labour & Employment
Clarification regarding Maternity Leave Incentive Scheme

16 NOV

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.
(ii) 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.
(iii) 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

Government to refund employers for seven weeks of maternity leave given to employees: WCD

Government to refund employers for seven weeks of maternity leave given to employees: WCD

CRE-23/1/2018 - Creche- Part(2)
Government of India
Ministry of Women and Child Development

Shastri Bhawan, New Delhi
Dated: 2nd November, 2018

Office Memorandum

Subject: National Minimum Guidelines for setting up and running creches under Maternity 8enefit Act, 2017 - Forwarding of

The undersigned is directed to refer to the subject mentioned above & to say that the Ministry of Labour & Employment has notified the Maternity Benefit (Amendment) Act, 2017 mandating that "every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities",

2. In this regard, to enable and facilitate the employer for establishing and managing the creche facility, the Ministry of Women & Child Development has formulated the National Minimum Guidelines for Setting Up and Running Creches under Maternity Benefit Act 2017 (copy enclosed).

3. It is requested to circulate the said guidelines to each and every employer/ institution covered under the Maternity Benefit Act thereby empowering them with the requisite know how to set up model cn3Ghe facilities with adequate provisions. A copy of the said guidelines can also be downloaded from the Ministry's website - www.wcd.nic.in.

Source: www.wcd.nic.in

Government to refund employers for seven weeks of maternity leave given to employees: WCD

National Minimum Guidelines for setting up and running creches under Maternity Benefit Act, 2017

Government to refund employers for seven weeks of maternity leave given to employees: WCD

The government will give employers the salaries for seven of the 26 weeks of maternity leave for women earning more than Rs 15,000 a month, the Women and Child Development ministry announced on Thursday.

The announcement, which covers the government as well as the private sector, comes in the wake of complaints that many companies were reluctant hire pregnant women after maternity leave was extended from 12 to 26 weeks and some were even firing women employees.

WCD Secretary Rakesh Srivastava said it has been decided to utilise the funds lying in the labour welfare cess to pay the employers.

"The utilisation of the labour welfare cess lying with the state governments has been very less. After talks with the Labour Ministry it has been decided that the seven of the 26 weeks of maternity leave for all women employees in the private and government sector getting more than Rs 15,000 a month would be paid from that fund," Srivastava told reporters here.

The labour welfare cess has been given to state governments to ensure the welfare of workers.

Maternity leave was extended from 12 weeks to 26 weeks last year.

According to Srivastava, there were complaints from women that they were getting fired from their jobs due to the increased duration of maternity leave.

“The government has now decided that out of the 14 extra weeks, half of the amount of salary paid to the pregnant woman would be refunded to the employer from the funds of the labour welfare cess,” he said.

Till March 2017, there was Rs 32,632 crore in the fund. Of this, just Rs 7,500 crore has been utilised, he said.

"We would be refunding the salary of seven weeks to the employer so women do not face problems upon returning to work," he said.

"The labour minister has agreed to the proposal and we are now carrying it forward. There will soon be a notification from the Labour Ministry with further details," he added.

Source: wcd.nic.in

Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts

Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts

File No.15-1/2016-WL&Sp
Government of India
Ministry of Communications
Department of Posts
(Welfare & Sports Section)

Dak Bhawan, Sansad Marg,
New Delhi - 110 001.
Dated: 29.08.2018

To
All Heads of Circle

Subject: Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts.

On the above subject, it is intimated that as per O.M. No.17-31/2016-GDS dated 27.06.2018, Establishment Division introduce new scheme related to Maternity Leave for female GDSs wherein it is clearly mentioned that above O.M will supersede all earlier orders in respect of Maternity leave for female GDSs.

2. Hence, it is informed that O>M. No.17-31/2016-GDS dated 27.06.2018 will be followed from 01.07.2018, no further clarification w.r.t. above O.M. will be issued from Welfare and sports section's end, further communication in this regard may be take up with Establishment Division.

Your's faithfully
(Daisy Barla)
Director (W&S)

Alternative Arrangement in Place of Employees on Child Care Leave

Alternative Arrangement in Place of Employees on Child Care Leave

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO: 3587
ANSWERED ON: 08.08.2018

Alternative Arrangement in Place of Employees on Child Care Leave

NAGARAJAN P.  Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(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?

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.

Source : LokSabha

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

No. 17-31/2016-GDS

Government of India

Ministry of Communications

Department of Posts

Establishment Division

Dak Bhawan, Sansad Marg,

New Delhi - 110001.

Dated: the 27th June, 2018

Office Memorandum

Subject: Introduction of Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts.

The undersigned is directed to convey the approval of the Competent Authority for introduction of the Maternity Leave for the female Gramin Dak Sevaks (Female GDSs) in Department of Posts.

2. This OM will supersede all earlier orders in respect of Maternity Leave for female Gramin Dak Sevaks (Female GDS).

3. Introduction of Maternity Leave for female GDS.

i. Female Gramin Dak Sevaks (Female GDSs) 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.

ii. During such period, she shall be paid TRCA drawn plus Dearness Allowance immediately before proceeding on leave.

iii. Maternity leave not exceeding 45 days may also be granted to female Gramin Dak Sevaks (irrespective of the number of surviving children) during the entire service of that female GDSs in case of miscarriage including abortion on production of medical certificate issued by a Government Medical Practitioner.
iv. Maternity leave may be combined with paid leave. Maternity leave shall not be debited against the paid leave account.

4. This OM will take effect from 01.07.2018.

5. This issues in consultation with Department of Personnel and Training vide their ID No. 14029/1/2017-Estt (L) dated 01.01.2018.

Sd/-

(S. V. Rao)

Director (Estt.)

Ration Money Allowance during leave other than LAP : Railway

Ration Money Allowance during leave other than LAP : Railway

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE No. 88 /2018

New Delhi, dated: 14.06.2018

No. E(P&A)I-2005/ALL/RPF-2

The General Managers and Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Ration Money Allowance during leave other than LAP.

Integral Coach Factory, Chennai had sought clarification, whether RPF staff are eligible for payment of Ration Money Allowance during their leave period other than Leave on Average Pay (LAP), i.e. Commuted Leave, Maternity Leave & Paternity Leave.

2. The matter has been examined in Board's Office in consultation with Ministry of Home Affairs. It is clarified that no Ration Money Allowance is admissible to RPF personnel during Commuted Leave, Maternity Leave and Paternity Leave.

3. The other terms and conditions as stipulated in para 4 of Board's letter of even number dated 10.06.2009 remain unchanged.

4. This disposes off Integral Coach Factory's letter No. PB/CBS/RB dated 11.12.2017.

5. Please acknowledge receipt.

S/d,

(N P Singh)

Jt. Directorate/E (P&A),

Railway Board.

Gratuity Ceiling Amendment - Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment - Gratuity Payment, 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.

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 3884
ANSWERED ON: 19.03.2018

Maternity Benefit (Amendment) Act

RAJENDRA AGRAWAL
MALLIKARJUN KHARGE
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether majority of the women in the country are not able to avail maternity leave under the Maternity Benefits Act, 2017 due to their working in the unorganized sector and if so, the details thereof;
(b)whether the Government is considering any proposal to include women working in the unorganized sector to enable them to avail the benefits under the Act, and if so, the details thereof;
(c)whether the Government is anticipating decline in rate of labour force participation of female population due to discriminatory hiring practices by the employers in order to prevent maternity benefits available under the said Act; and
(d)if so, the details thereof along with the corrective steps taken/proposed to be taken by the Government in this regard?

ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): No, Madam. Maternity Benefit Act, 1961 is applicable to establishments employing 10 or more women irrespective of whether it is organised or unorganised sector.

(c) & (d): No, Madam. The Government is of the opinion that with enforcement of the Maternity Benefit (Amendment) Act, 2017, more and more women workers would be inclined to seek employment which will lead to increase in women labour participation rate. There are stringent provisions under the Maternity Benefit Act, 1961 for prevention of discriminatory practices against women work force.

Source: Lok Sabha

Central Government Approves Maternity Leave For Employees Opting For Surrogacy

Central Government Approves Maternity Leave For Employees Opting For Surrogacy

The ministry has written to all central government departments about a 2015 Delhi High Court order on this issue.

Central government's women employees, whose children are born through surrogacy, will now be entitled to maternity leave, according to an official order of the personnel ministry.

The employees can avail of paid maternity leaves up to 26 weeks (about 180 days).

The ministry has written to all central government departments about a 2015 Delhi High Court order on this issue.

“All ministries / departments are advised to give wide publicity of its contents to the concerned officers,” the personnel ministry said in its latest directive to all the ministries and enclosed a copy of the court’s order with it.

The court verdict had come on a plea by a Kendriya Vidyalaya teacher who had twins through surrogacy but was denied maternity leave as she was not the biological mother.

"A female employee, who is the commissioning mother, would be entitled to apply for maternity leave," the court had held.

Based on material placed before it, the competent authority would decide on the timing and the period for which maternity leave ought to be granted to a commissioning mother who adopts the surrogacy route, the court said.

The scrutiny would be keener and detailed, when leave is sought by a female employee, who is the commissioning mother, at the pre-natal stage, it said.

In case maternity leave is declined at the pre-natal stage, the competent authority would pass a reasoned order having regard to the material, if any, placed before it, by the female employee, who seeks to avail maternity leave, the court order said.

In a situation where both the commissioning mother and the surrogate mother are employees, who are otherwise eligible for leave (one on the ground that she is a commissioning mother and the other on the ground that she is the pregnant women), suitable adjustment would be made by the competent authority, it said.

Maternity leave DoPT Order: Rule 43, which makes provision for maternity, for the sake of convenience

DoPT: Delhi High Court order on maternity leave in case of surrogacy

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 UoI & 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).

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

As per standard mailing list.
Copy to:
NIC, DOPT - for uploading on the website.

12.4 Rule 43, which makes provision for maternity, for the sake of convenience, is extracted herein below:

"...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 day's) 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 one year 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..."

Read More: DoPT-Orders-2018

Amendment in Maternity Benefit Act

Amendment in Maternity Benefit Act

The working women already on maternity leave are entitled to enhanced maternity leave subject to fulfillment of other conditions.

As per the Maternity Benefit (Amendment) Act, 2017, it has been made mandatory for the establishments employing 50 or more employees to provide crèche facility, either separately or along with common facilities within a prescribed distance.

This information was given by Shri Santosh Kumar Gangwar, Union Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

PIB

Maternity Benefit Amendment Act 2017

Maternity Benefit Amendment Act 2017

 

F.No-S-36012/03/2015-SS-I
Government of India
Ministry of Labour & Employment

Sharam Shakti Bhawan, New Delhi
28 August, 2017

To
The Secretary,
Labour Department,
All State Governments/UT Administrators

Subject: The Maternity Benefit (Amendment) Act,2017

Sir/Madam,
Kind reference is invited to Ministry of Labour & Employment’s earlier letter number S-36012/03/2015-ss-I dated 12.04.2017 (copy enclosed) highlighting the recent amendments made to Maternity Benefit Act, 1961. The Ministry had also clarified therin certain points of doubts to facilitate smooth implementation of the provisions of the said Act, specially in respect of coverage of contractual workers under the Act. This Ministry in the recent past have been receiving a number of complaints and grievances from working women stating non-implementation of the provisions of the M.B. Act including alleged dismissal of few women by the employers in violation of section 12 of the said Act, non coverage of contractual employees, etc. The honourable National Commission for women has also taken serious view of such denial of rights of working women. This Ministry would, therefore, urge all the State/UT Labour Commissioners (which is the implementing authority under the M.B. Act) to effectively enforce the provisions of M.B. Act, and take strict punitive action against defaulting employers and ensure that the provisions of the statute are implemented in true spirit and letter to protect the rights of working women enshrined in the Act.

Yours faithfully
sd/-
(Manish Kumar Gupta)
Joint Secretary, Govt of India

Source: Confederation

Employment of women and girls in Government organisations/Agencies

Employment of women and girls in Government organisations/Agencies

The Government has been making concerted efforts to encourage the women to join Government service by providing some special facilities as enumerated below:

(i) maternity leave
(ii) child care leave
(iii) child adoption leave
(iv) special allowance to women with disability
(v) provision of crèche facility
(vi) posting of husband and wife at the same station
(vii) special priority in allotment of residential accommodation
(viii) provision for protection of women from acts of sexual harassment
(ix) special Leave connected with inquiry on sexual harassment
(x) age relaxation for appointment of widows, divorced woman and women judicially separated from their husbands and who are not remarried
(xi) special dispensation for woman officers of All India Services of North East cadre
(xii) exemption from payment of fee for examinations conducted by the Union Public Service Commission and Staff Selection Commission.
(xiii) Nomination of a women employee in Department Promotion Committee (DPCs). Institutional mechanisms, besides the Committees to prevent sexual harassment, exist in Government service for redressal of grievances of various nature of the women employees.
(xiv) Association of a lady member in Selection Committee/Board for 10 or more vacancies (at all levels).

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in written reply to a question by Shri Parimal Nathwani in the Rajya Sabha today.

PIB

Clarification on Recently Notified Maternity Benefit (Amendment) Act 2017

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 creche 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.

PIB