Maternity leave - candidate who has given birth to a child prior to joining the Government service

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 4384/2020 - Smt. Neeraj V/S State of Rajasthan

Maternity leave case

The conundrum that needs to be resolved in the present case is whether a candidate who has given birth to a child prior to joining the Government service is entitled to maternity leave under Rule 103 of Rajasthan Service Rules, 1951?

Court Order

With a view to harmonize the provisions, upon a combined reading of Rule 103 and 103A of the RSR, it is declared that a female Government servant is entitled to avail maternity leave if she joins within the period of confinement, i.e., 15 days before to three months after the childbirth, regardless of the fact that the child was born prior to joining or before the issuance of the appointment order.

Order Sourced from renowned site Livelaw.com

Explanation of Maternity Leave Entitlement for Female Government Servants

🤰🏽 Overview: The High Court of Judicature for Rajasthan at Jodhpur has clarified the entitlement to maternity leave for female Government servants who have given birth before joining the service.

📜 Legal Clarification: According to Rule 103 and 103A of the Rajasthan Service Rules, a female Government servant is eligible for maternity leave if she joins within the period of confinement, which spans from 15 days before to three months after childbirth. This entitlement applies irrespective of whether the child was born before joining the service or before the issuance of the appointment order.

🔍 Practical Implications: This ruling ensures that female Government employees can avail themselves of maternity leave benefits even if they have given birth prior to joining the service, as long as they fall within the specified timeframe around the childbirth.

📝 Action Steps:
1. Female Government servants who meet the criteria of joining within the specified period around childbirth should promptly inform their respective authorities about their pregnancy and expected delivery date.
2. Upon joining the service, they should formally request maternity leave in accordance with the established procedures and provide any necessary documentation.
3. Human Resource departments should ensure compliance with the ruling and facilitate the smooth processing of maternity leave requests for eligible female employees.

💼 Impact on Organizations: Employers need to update their policies and procedures to align with this legal clarification to support female employees in accessing their maternity leave entitlements effectively.

🔗 For further details, refer to the Livelaw.com article for the complete court order and context.