Maternity Leave to the female officers appointed on contract basis -Kerala Govt Order
The Kerala Service Rules, Part I — Extending the benefit of Maternity Leave to the female officers appointed on contract basis, irrespective of the tenure -Orders Issued
FINANCE (RULES-B) DEPARTMENT
Dated, Thirtivananthapuram, 04/01/2021
As per Note below Rule 2, Appendix VIII, Part I, the Kerala Service Rules, Maternity leave under Rule 100 and 101 is admissible to female officers appointed on contract basis continuing in service beyond one year provided they would continue in service but for proceeding on such leave. On the other hand the female officers appointed on contract for a period of one year or less are not eligible for Maternity Leave.
2. The Hon’ble High Court in the judgment dated 27/02/2018 in WP (C) 30561/2017; Rakhi P.V. and others Vs. State of Kerala and another, has ordered that the petitioners who are appointed on contract basis will be entitled to maternity leave as is due to women employees under the Service Rules applicable to State and Central Government servants and to women employees under the Maternity Benefit Act, 1961.
3. Government have examined the matter in detail and are pleased to extend the benefit of Maternity leave on full pay as per Rule 100, Part I, the Kerala Service Rules up to a period of 180 days or till the expiry of the existing contract whichever is earlier, to female officers appointed on contract basis, irrespective of the tenure of contract, subject to the condition that the leave will not be admissible from a date before three weeks from the expected date of confinement certified by the medical officer. Leave on full pay as per Rule 101, Part I, the Kerala Service Rules is also extended to female officers appointed on contract basis, irrespective of the tenure of contract, up to a period of 6 weeks or till the expiry of the existing contract whichever is earlier, subject to the condition that application for the leave is supported by a certificate from the medical officer.
4. No officer shall be entitled to the above benefits unless she has actually worked under the employer for a period of not less than eighty days immediately preceding her expected date of delivery or date of miscarriage.
5. These orders will take effect from 27/02/2018. Necessary amendments to the Kerala Service Rules will be issued separately.
By order of the Governor,
Rajesh kumar singh
Additional Chief Secretary (Finance)