Central Administrative Tribunal calls for scheme on maternity leave benefits

Srinagar, Jan 12: The Central Administrative Tribunal (CAT) has called for revisiting maternity leave benefits to a woman employee expecting a third child, observing that the competent authority was not powerless to formulate a scheme to protect the dignity of the woman under the Constitution as well as her most cherished desire to be a mother.

“The competent authority is not powerless to formulate a scheme to protect the dignity of a woman as enshrined under Article 21 of the Constitution of India coupled with fact when the most cherished desire of the woman is to be a mother,” a bench of M S Latif Member (J) said.

The Court observed that "womanhood that would mean compassion, respect and dignity has to be protected".

The bench made the observation in while deciding a plea of a woman employee who was expecting her third child and was seeking to avail leave benefit of 26 weeks as provided for first two children under rules to an expecting woman. The rules provide for just 12 weeks for the third child.

The woman who is working at SKIMS Soura, Srinagar had approached the court with the contention that she was denied the full benefit of the maternity leave on the premise that she was not entitled to it in view of the rules governing the field.

In her plea, the woman submitted that Maternity Benefit Act, 1961, and its Amendment Act, 2017; provide maternity leave and related benefits to all women employees with reduced leave for more than two surviving children without a bar on eligibility for the third or subsequent children.

“What is needed for a mother is to facilitate the birth of a child particularly of a woman in service, the employer has to be considerate and sympathetic towards her and must realise her physical difficulty which a working woman would face in performing her duty at her work place while carrying a baby in the womb or while rearing up the child after birth”, the tribunal said.

The CAT disposed of the petition and directed the authorities to consider her representation and dispose of the same on merits and in accordance with rule with due dispatch.