Tamil Nadu Fundamental Rules – Rule 101(a) – Maternity Leave – Enhancement of maternity leave from 6 months (180 days) to 9 months (270 days) – Orders issued

PERSONNEL AND ADMINISTRATIVE REFORMS (FR.III) DEPARTMENT

G.O.(Ms.) No.105

Dated: 07.11.2016

Read:
1. G.O.(Ms.) No.51, Personnel and Administrative Reforms (FR-III) Department, dated 16.05.2011.
2. G.O.(Ms.) No.61, Personnel and Administrative Reforms (FR-III) Department, dated 16.06.2011.
3. G.O.(Ms.) No.138, Personnel and Administrative Reforms (FR-IV) Department, dated 19.11.2013.

ORDER:

In the Government orders first and second read above, orders were issued enhancing the maternity leave from 90 days to 180 days to married women Government servants, with less than two surviving children, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. Accordingly, in the Government Order third read above, Rule 101(a) of the Fundamental Rules was also amended.

2. The Government, after careful consideration, based on the announcement made in the Tamil Nadu Legislative Assembly by the Hon’ble Chief Minister on 01.09.2016, under rule 110 of the Legislative Assembly Rules order that the maternity leave admissible to married women Government Servants with less than two surviving children, which is 6 months (180 days) at present, be enhanced to 9 months (270 days), with full pay, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. The women Government Servants who proceeded on maternity leave, prior to the date of issue of this order and continue to be on that leave as of now, are also eligible for availing maternity leave upto 9 months (270 days), in total.

3. Necessary amendments to the Fundamental Rules will be issued separately.

(BY ORDER OF THE GOVERNOR)

S.SWARNA
SECRETARY TO GOVERNMENT

Authority: www.tn.gov.in

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Government to Increase Maternity Leave from 12 to 26 weeks – The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more.

The union government is set to increase the maternity leave for women employed in private firms from the existing 12 weeks to 26 weeks.

Women and Child Development Minister Maneka Gandhi Monday said the Ministry of Labour has agreed to increase maternity leave to six-and-a-half months. “We had written to the Labour Ministry asking that the maternity leave be extended taking into account the six months of breastfeeding that is required post childbirth. The Labour Ministry has agreed to increase it to six-and-a-half months,” said Maneka.

The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit whereby employers are liable to pay full wages for the period of leave.

Officials of the WCD Ministry said they will push for extending the leave to eight months, or 32 weeks, for women employed in both private and government sectors.

But WCD officials said the Labour Ministry has expressed reservations about increasing the maternity leave any further as they perceive that doing so will adversely affect the employability of women.

“The Labour Ministry has decided on six-and-a-half months following meetings with various stakeholders. We, however, feel that eight months of maternity leave — for women in government as well as private sectors — is required. We will move a note to the Cabinet Secretariat in this regard. Six months of exclusive breastfeeding is very important to combat malnutrition, diarrhoea and other diseases in infants and to lower infant mortality rate,” said a WCD official.

The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more, though it encourages member states to increase it to at least 18 weeks. At 26 weeks, India is set to join the league of 42 countries where maternity leave exceeds 18 weeks. It, however, falls behind several East European, Central Asian and Scandinavian countries, which have the most generous national legislation for paid maternity leave.

Women employed in government jobs in India get a six-month maternity leave as per the Central Civil Service (Leave) Rules 1972. The last circular in this regard was issued in 2008, when it was increased from four-and-a-half months. If the WCD Ministry’s recommendations to the Cabinet Secretariat are accepted, the Department of Personal & Training will have to issue orders to enhance it to eight months.

Moreover, women government employees are allowed to take childcare leave of up to two years in phases at any point till their child turns 18 years old. The Seventh Pay Commission recently recommended that only the first 365 days of leave should be granted with full pay, while the remaining 365 can be availed at 80 per cent of the salary. But Maneka recently petitioned Finance Minister Arun Jaitley against the proposal, terming it a regressive step at a time when women are trying to become more economically independent.

“Women in India need longer maternity leave in absence of any support in parenting from men. It should not be seen as a deduction in labour hours but as a long-term investment from the future economic point of view. This is in addition to the fact that women need long maternity leave to recuperate and invest in child care,” said Ranjana Kumari, director of the Centre for Social Research.

She added that a recent analysis of the Maternity Benefit Act by CSR for the National Commission of Women showed that discrimination against pregnant women was widely prevalent in the corporate sector in the country.

Source: gconnect.in

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