Dear friends,
My cousin sister who is an Asst. Teacher (Hons/PG) in an aided Higher Secondary school is planning to avail of 180 days Maternity Leave for the first time in a continuous spell from the date of admission in the hospital. It is seen that in such a situation the period of maternity leave will terminate in the currency of summer vacation of the school. Her H.M. has asked her not to apply for full spell of ML and join the school one day before commencement of summer vacation. If her leave terminates on any day in the summer vacation and she joins school after the expiry of vacation the rest of the vacation period will be treated as Medical Leave. But, I have heard that it is not necessary to truncate the period of Maternity Leave and join school before vacation starts. The teacher may join on the day when the school will be opened after vacation although her leave ends in the midway of vacation. No question of deduction of Medical Leave! This is simply because that the teacher has no scope to resume normal duty when the school remains closed in any vacation period. What are the rules/ govt. orders?
Pls help me to guide her. Time is short!
Looking forward for kind response.
With regards.
Her H.M.’s suggestion is wrong.
If her terminate date falls in middle of any long vacation, then the rest days of the vacation, she will enjoy as vacation only. She must have to join in her duty on the first day of opening date of the school. If she fails to do so and joins after the date of opening the school, then she would apply for leave from the expiry date of Maternity leave to till her joining date.
In this connection the G.O. is submitted by me shortly.
Tank you..
Thanks Mihir da for your reply but I am really confused with the opinion of the H.M.
Whether Maternity leave can be availed partly?
@Mr.Polo: Dear friend, first of all congrats to you and your cousin sis. just cheers and get ready to arrange a party for the coming star.
N.B. Dont forget to invite us.
by,
Mushkil Aasan,
Late Pashupati Ghosh
At present 135 days = 180 days
Friends,
Many thanks to all of you for kind co-operations and valuable comments!
Welcome,
Now we are just waiting for ur invitation.
Dear Ram Prasadbabu,
Thank you.
Friend,
Sorry for my late reply.
Please, refer to GO No.79-Edn.(S) Dated : Calcutta, the 28th Jan.,’94.
“8. Maternity Leave :
1) A female teacher or a non teaching employee may be granted maternity leave on full average pay for a period of 120 days from the date of its commencement.
2) Maternity Leave may also be granted in the case of miscarriage, including abortion, subject to the following conditions :
(a) The period of leave shall not exceed six weeks;
(b) the application for leave shall be supported by a certificate from a registered medical practitioner or Govt hospital.
3) Maternity leave can be combined with leave of any kind. Commuted Leave, for a period not exceeding 30 days, applied for in continuation of Maternity Leave may be granted without production of medical certificate.
4) Maternity Leave in continuation of leave granted under sub-rule (3) may be sanctioned on production of medical certificate for illness of a female teacher or non teaching employee. Such leave may also be granted in the case of illness of a newly born baby, subject to the production of a medical certificate to the effect that the condition of the baby warrants mother’s personal attention and that her presence by the baby’s side is absolutely necessary.”
Now, GO No 444-SE(S) dt. 22.03.04 :
“(1) A female teacher or non teaching employee may be granted maternity leave on full average pay for a period of 135 days from the date of its commencement.”
So,
1. Maternity Leave is in total 135 days.
2. It may be combined with any kind of leave. ( sub rule 3 above ) It implies that it may be combined with any or whole part of any leave.( Pasupati Ghosh says that it can not be combined with Casual and Compensatory leave. But I did not find the GO. Please help me.) It also implies that if a teacher fails to join the opening day after a long vacation, the rest of the days in excess of 135 days will normally be counted as medical leave as usual, and that the production of medical certificate in that case is necessary.
In short, no need to join the school on the closing day before a long vacation.
Have a ‘joyous time’ in near future.
It may be combined with any kind of leave. ( sub rule 3 above ) It implies that it may be combined with any or whole part of any leave.( Pasupati Ghosh says that it can not be combined with Casual and Compensatory leave. But I did not find the GO. Please help me.)
Please have a look at para 12 of G.O. No. 1541-Edn (S) /21-2/77, dated 15.12.1977
___________________________________________________________________________________________________________________________
12. Excepting Casual Leave and Compensatory Leave, any kind of leave mentioned below, may be granted in combination with or in continuation of any other kind of leave stated below :
1. Leave on half average pay.
2. Leave on medical grounds.
3. Special leave in exceptional circumstances.
4. Extra ordinary Leave.
5. Maternity Leave.
Maternity Leave is in total 135 days
Dear friend,
Thank you very much for your kind response.
Anyway, Maternity Leave for teachers and non-teaching staffs of secondary schools has been increased from 135 days to 180 days, vide WBBSE Circular No. s/148 dated 03.06.2011.
In short, no need to join the school on the closing day before a long vacation.
Yes, this is the vital point. Though Late Pasupati Ghosh clarified the matter from his level yet there is no G.O. However, it is the eventuality that no employee can join the office or report for duty on a day when the entire office is officially closed! No one will be there on duty to accept his joining letter and get the Attendance Register signed by him! Therefore, the employee has to wait till the office is opened after leave or expiry of vacation period.
With regards.