The High Court has given a big decision for working women working in government and private institutions in Rajasthan. While giving the verdict in a case, the High Court said that any working woman is entitled to 180 days of maternity leave. This right cannot be taken away by any rule and regulation. If this happens then it will be considered a violation of the constitutional rights of the woman.
Only 90 days maternity leave was given
The court of Justice Anoop Dhandh gave this order while giving its verdict on the petition of Meenakshi Choudhary, a female conductor working in roadways. It was said in the petition that Rajasthan Roadways had sanctioned her only 90 days of maternity leave. Whereas in other departments of the Central and State Government, female employees get 180 days of maternity leave.
During the hearing on this, it was said on behalf of the roadways management that roadways is an autonomous institution. Rajasthan Service Rules 1951 do not apply to us. According to our 1965 regulation, we can sanction a maximum of 90 days of maternity leave. In such a situation, the petition of the female employee should be rejected.
Maternity leave is not just a benefit, but a right
According to the High Court, ‘Maternity leave is not just a benefit, but a right. Becoming a mother is a different experience in a woman’s life. Pregnancy and childbirth are special stages in a woman’s life. It is necessary that a working woman be given leave from her professional duties.’
‘This leave allows women to be free from work pressure and focus entirely on their health and the development of their children. Therefore, maternity leave is not just a benefit, but a right.’
The High Court further said, ‘A woman, who is in service, will have to give whatever is necessary to the institution to facilitate the birth of a child. So that women can balance their motherly roles effectively. The institution should realize the difficulties that a working woman faces in performing her duties at the workplace, in carrying a child in the womb or in rearing the child after birth.’
Government should get the rules amended in all institutions
Petitioner’s advocate Ram Pratap Saini said – During the hearing of this entire case, it came to light before the court that many institutions are still working under the rules of ‘Maternity Benefit Act 1961’. Whereas this law has been amended in the year 2017. After this all working women will get 180 days maternity leave.
Whereas this law has been amended in the year 2017. After this, all working women are entitled to 180 days of maternity leave, but the roadways did not revise their rules according to this amendment.
Given this, the High Court has now ordered the Roadways to give the remaining 90 days of maternity leave to the petitioner.
At the same time, instructions have been given to the Central and State Governments to revise the rules related to maternity leave in all government, non-government, unorganized and private sector institutions. With this, all working women can get 180 days of maternity leave without any hindrance.
Main points of the Maternity Benefit Act
Along with guaranteeing employment to female employees, it also entitles them to maternity benefits so that they can take care of the child.
According to the World Health Organization, mother’s milk is mandatory for the newborn for the next 6 months, so that the infant mortality rate decreases. For this the female employee is given leave.
During this period, women employees are given full salary. This law applies to government and non-government organizations where 10 or more employees are employed.
Under the Maternity Benefit Act 1961, earlier 24 weeks leave was given, but now it has been increased to 26 weeks.
There is a provision of 26 weeks leave for the first and second child and 12 weeks leave for the third child. If the woman wishes, she can take leave 8 weeks before delivery.
Women who adopt a child below 3 months of age get 12 weeks of maternity leave. The surrogate mother is also entitled to 12 weeks leave.
To avail maternity leave, a woman should be present in her institution for at least 80 days in the last 12 months.
If any institution or company is not following this law, then there is a provision for punishment for the owner of the company.
Father can also take paid leave for wife and newborn child. Paternity leave is for 15 days, which a man can avail twice during his entire service.
If the woman can refuse to do such work like climbing stairs or any other work which is harmful for her health.
A fine of Rs 5000 can be imposed for not granting leave to a pregnant woman.
If any institution does not provide medical benefits to the woman during pregnancy, then a fine of Rs 20,000 can be imposed.
There is also a provision of 3 months jail if a woman is fired from work during leave.
