Grant 180-Day Maternity Leave For All Female Employees Including Temporary Workers: Uttarakhand HC [Read Judgment]

The Court also directed to grant Child Care Leave (CCL) of 730 days’ to all female employees during the entire service.

In a landmark judgment, Uttarakhand High Court has directed the government to grant maternity leave to all the female employees with full pay for 180 days, even working on contractual basis, ad hoc/tenure or temporary basis.

The high court also held that a female employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis is also entitled to child adoption leave for 135 days, in case of valid adoption of child below the age of one year.

A division bench comprising Justice Rajiv Sharma and Justice Alok Singh has held that maternity benefit is a social insurance.

“There should be a system for breastfeeding/ nursing care at the workplace. The maternity leave is key for maternal and child health and family support. The maternity leave is of utmost importance to fight against social injustice, poverty and gender inequality,” the bench said.

It also held that a male government servant is also entitled paternity leave for at least three weeks to enable the father to look after the mother and child.

Child Care Leave

The bench also held that a female government employee is also entitled to Child Care Leave (CCL), as per the recommendation of the 6th Central Pay Commission, of 730 days during the entire service.

“However, it will not be admissible, if the child is 18 years of age or older. The women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It can be availed of in more than one spell. As per the Government of India, Department of Personnel and Training order dated 11.09.2008, it can be combined with leave of the kind due and admissible,” it said.

The bench observed that we are required to make labour laws in conformity with the recommendations made by the International Labour Organization read with Article 42 of the Constitution of India.

Summary of Directions

A.) The respondent-State is also directed to grant maternity leave to all the female employees with full pay for 180 days, even working on contractual basis, ad hoc/tenure or temporary basis.

B.) The State Government is further directed to grant at least 60 days’ maternity leave to the daily wage female employees working for more than 240 days’ in a block of 12 months calendar with full wages.

C.) The State Government is directed to provide every establishment to have the facility of crèche having 50 or more than 50 employees with liberty reserved to the mother to visit the crèche/nursing care at least four times daily, including the interval for rest allowed to the employees.

D.) The State Government is also directed to grant Child Care Leave (CCL) of 730 days’ to all the female employees, whether appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis having minor children with a rider that the child should not be more than 18 years of age or older. The female employees shall be entitled to paid leave equal to the pay drawn immediately before proceeding on leave. CCL can be combined with leave of the kind due and admissible.

E.) The State Government is also directed to grant 15 days’ paternity leave to a male employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis to enable the father to look after the mother and child. This leave can be combined with leave of any other kind.

F.) The State Government is also directed that a female employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis, with fewer than two surviving children, on valid adoption of a child below the age of one year be granted child adoption leave for a period of 135 days’ immediately after the date of valid adoption.

G.) The State Government shall not dismiss, terminate, remove any female employee whether appointed on contractual basis, ad hoc/tenure or temporary basis immediately before her delivery and thereafter to deprive her of maternity leave, adoption leave and child care leave etc.

H.) The Chief Secretary shall personally be responsible to comply with these mandatory directions in letter and spirit.

Read the Judgment here.