Dear Connections,
I would say that she will not get the benefit of Maternity Leave, as by law it clearly states that it is for two surviving children which you already have and this will be your third child. Nowhere it is mentioned in the law that they refer to the "NO. OF DELIVERIES". Also, since your wife is a central government employee benefits which are given to children for eg - LTC, Child Care Leave will also be for the first two children.
Sharing with you an example - Lets say if you would like to avail LTC, there you will not mention that the first two children were from the first delivery and the third one is from second delivery. Hence, all should be covered. Similarly, here also they will consider only no. of children and not no. of deliveries.
Hope this helps.
Regards,
Shweta Gehlot
From India, Delhi
8I would say that she will not get the benefit of Maternity Leave, as by law it clearly states that it is for two surviving children which you already have and this will be your third child. Nowhere it is mentioned in the law that they refer to the "NO. OF DELIVERIES". Also, since your wife is a central government employee benefits which are given to children for eg - LTC, Child Care Leave will also be for the first two children.
Sharing with you an example - Lets say if you would like to avail LTC, there you will not mention that the first two children were from the first delivery and the third one is from second delivery. Hence, all should be covered. Similarly, here also they will consider only no. of children and not no. of deliveries.
Hope this helps.
Regards,
Shweta Gehlot
From India, Delhi
Dear Shweta,
During my wife's twin delivery she had to take 12 months leave as the case was complicated. Raising twins at a time was difficult than raising one child. She also applied for 12 months maternity leave (2 maternity leaves since two babies were there). But she was denied and was given only 6 months leave. At that time she should have been granted 2 maternity leaves as you said that the law never refers to "NO. OF DELIVERIES". What is your argument on this?
From India, New Delhi
During my wife's twin delivery she had to take 12 months leave as the case was complicated. Raising twins at a time was difficult than raising one child. She also applied for 12 months maternity leave (2 maternity leaves since two babies were there). But she was denied and was given only 6 months leave. At that time she should have been granted 2 maternity leaves as you said that the law never refers to "NO. OF DELIVERIES". What is your argument on this?
From India, New Delhi
Hello
I am a postal employee. I had a still birth during my first pregnancy in 2013. Then i had a daughter in 2014. Both the times i was granted six months maternity leave. Now in 2019 I had a son. But this time maternity has not been granted.
If maternity is allowed for two surviving children then am I eligible for third maternity?
From India, Mumbai
I am a postal employee. I had a still birth during my first pregnancy in 2013. Then i had a daughter in 2014. Both the times i was granted six months maternity leave. Now in 2019 I had a son. But this time maternity has not been granted.
If maternity is allowed for two surviving children then am I eligible for third maternity?
From India, Mumbai
In the above case, the employee is entitled for maternity leave. The employee ought to have represented and if not successful, could have sought judicial review.
From India, Kochi
From India, Kochi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf