Lawstreet Journal

Mother Entitled To Maternity Leave Of 26 Weeks For 3rd Child If She Doesn't Have Custody Of Other 2 Children : Madras High Court

Lawstreet Journal 28 Mar 2022 8:22pm

Image courtesy: Lawstreet Journal Judiciary Mother Entitled To Maternity Leave Of 26 Weeks For 3rd Child If She Doesn't Have Custody Of Other 2 Children : Madras High Court

Terming the two children born out of the first wedlock cannot be treated as 'surviving' wards, as they are living with the estranged first husband, the Madras High Court on Friday, that is, 25th March 2022 directed the Tamil Nadu government to grant one-year maternity leave to a woman employee for her third child from the second marriage.

Justice V Parthiban gave the ruling while allowing a writ petition filed by one K Umadevi, who sought to quash an order of the Chief Educational Officer, Dharmapuri district dated August 28, 2021, and direct the authorities concerned to sanction maternity leave from October 11, 2021, to October 10, 2022, with full pay and all attendant benefits.

Umadevi got married to one A Suresh in 2006 and two children were born to them but the pair divorced in 2017. However, she married M Rajkumar the next year.

She later applied for a grant of maternity leave but the CEO rejected her plea on the ground that a woman government servant is eligible for maternity leave only for the two surviving children. There is no provision for grant of maternity leave for the third child on account of her remarriage, he added.

Granting the prayer, Justice Parthiban pointed out that a GO issued on June 20, 2018, which extended the benefit of the second delivery, even if a woman government servant had given birth to twins earlier "The government, therefore, recognized such extreme cases and the circumstances and this is one of the peculiar cases wherein… Continue Reading...

Tagged: Maternity Leave   Madras High Court  
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