New Delhi2 hours ago
- copy link
There is a provision of 12 weeks leave for such mothers who adopt a child below 3 months of age.
On November 12, the Supreme Court heard the petition challenging the maternity leave policy of the central government. The petitioner has challenged the constitutional validity of Section 5(4) of the Central Government’s Maternity Benefit Amendment Act, 2017.
The petitioner has said that maternity leave is not available for adopting children above 3 months of age. In such a situation, the so-called 12 weeks’ maternity leave given to mothers adopting a child is just a sham.
The bench of Justice JB Pardiwala and Justice Pankaj Mithal has asked the Central Government to file its reply in this regard within 3 weeks. Also, instructions have been given to give the copy of the reply to the petitioner first.
Currently the rule is that adoptive or surrogate mothers of children less than 3 months of age will get 12 weeks leave. But there is no provision for maternity leave for adopting children older than 3 months.
SC seeks reply from Center within 3 weeks Justice Pardiwala said- It has been said in the petition that the Center has filed its reply justifying the age of 3 months, but during the hearing many issues have come up which need to be considered. What is the logic that the child should be 3 months or less? What is the purpose of giving maternity leave? The Center should submit its reply regarding this within 3 weeks.
These things were also said in the petition
– Section 5(4) is discriminatory and arbitrary against mothers adopting children. Besides, it also treats those children aged 3 months and above who are orphaned, abandoned or surrendered (orphanage) arbitrarily. This does not do complete justice to the motive of the Maternity Benefit Act and Juvenile Justice Act.
– Section 5(4) Comparing the 26 weeks of maternity leave given to biological mothers with the 12 weeks of leave given to adoptive mothers does not stand even the basic test of Part III of the Constitution. There appears to be arbitrariness in this.
Key points you should know about the Maternity Benefit Act (Amendment) 2017…
- Along with guaranteeing the employment of 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 essential 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.
- If the woman wishes, she can take leave 8 weeks before delivery.
- There is a provision of 26 weeks of maternity leave for the first and second child.
- There is a provision of 12 weeks leave for the third or subsequent children.
- 12 weeks leave will also be given to adoptive or surrogate mothers of children below 3 months of age.
- To avail this leave, a woman must have been present in her organization 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.
- Apart from this, the father can also take paid leave for his wife and newborn child. Paternity leave is for 15 days, which a man can avail twice during his entire employment.
- If climbing stairs or doing any work which is harmful to her health then the woman can refuse to do such work.
- 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.
……………………………….
Also read these news related to maternity leave…
Contract workers are also entitled to maternity leave: Civil Services Tribunal gave orders, asked to join the job again
Delhi High Court said on August 24 that all pregnant working women are entitled to maternity benefit (benefits received during pregnancy). It does not matter whether they work on permanent or contract basis. They cannot be denied relief under the Maternity Benefit Act 2017. A bench of Justice Chandra Dhari Singh had made these comments while granting relief to a pregnant woman working on contract in Delhi State Legal Services Authority (DSLSA). Read the full news…
Source link
[ad_3]
