A government employee of Uttar Pradesh had approached the High Court for maternity leave. Now Allahabad High Court has given a big blow to the woman and refused to give relief on maternity leave. Citing the rules, the High Court has clearly said that she cannot be given maternity leave for the fourth child. At the same time, the woman argues that she had not taken maternity leave for the three children she had till now, hence she should be given this 6 months leave.
Shashi Kumari, a woman working in Sambhal district, had applied for leave. The local Block Education Officer (BEO) had rejected her application saying that she could not be given 6 months' maternity leave for her fourth child. Shashi Kumar had reached the High Court against this decision. While hearing his petition, Justice Rani Chauhan gave this decision on August 7.
The state government's lawyer opposed Shashi Kumari's petition and said that there is no rule to give maternity leave to any employee for the fourth child. He had appealed to the High Court that this petition was not maintainable and it was rejected.
Shashi Kumari's lawyer argued that she had not taken maternity leave for the three children she had so far. In such a situation, she is entitled to maternity leave. He had termed the BEO's decision as legally wrong. At the same time, the state government refuted Shashi's claim and said that she had already taken maternity leave. In such a situation, the High Court accepted that there is a need for High Court intervention in this matter.
Let us tell you that under the Maternity Benefit Act, 1961, women get a total of 26 weeks of leave when they become mothers for the first or second time. During this period he gets his full salary. This rule is applicable to both government and private jobs. For this, it is necessary that the woman should have worked in that organization for at least 80 days in the last one year. 12 weeks paid leave is also given for the third child.
