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Section 13: Maternity Leave

The Rajasthan State Warehousing Corporation (Staff) Regulations, 1974State Regulations of Rajasthan · 1999

(1)* Maternity leave may be granted to a female Corporation employee with less than two surviving children upto a period of 180 days from the date of its commencement. However, if there is no surviving child even after availing it twice, Maternity Leave may be granted on one more occasion. During such period, she will be entitled to leave salary equal to pay drawn immediately before proceeding on leave. Such leave shall not be debited to the leave account but such entry should be made in the service book separately.

(2) Maternity leave may also be granted in case of miscarriage, including abortion which is complete, subject to the condition that:

(i) the leave does not exceed six weeks and

(ii) the application for the leave is supported by a certificate from the authorised Medical Officer.

(3) Temporary woman employee having put in service of more than 6 months may also be allowed maternity leave.

(4) Maternity leave may be combined with leave of any kind, but any leave applied for in continuation of the former may be granted only if the request be supported by medical Certificate.

**13(A). Child Care Leave — (1) A female corporation employees and a single male corporation employee may be granted child care leave by an authority competent to grant leave, for maximum period of two years, i.e. 730 days during her/his entire service for taking care of her/his two eldest surviving children whether for rearing or for looking after any of their needs, such as examination, sickness, etc.

Explanation : For the purpose of this rule, -

(1) single male corporation employee means an unmarried or widower or divorcee corporation employee.

(2) child means,-

(a) a child below the age of eighteen years; or

(b) a child with a minimum disability of forty percent as elaborated in the Ministry of Social Justice and Empowerment, Government of India, notification number 16-18/97-N. I dated 01.06.2001."

"2. Grant of Child Care Leave under this rule shall be subject to the following conditions, namely:-

(i) During the period of Child Care Leave, a female Corporation Employee or a single male corporation employee, as the case may be, shall be entitled to leave salary for the first three hundred and sixty five days equal to one hundred percent of pay drawn immediately before proceeding on leave and equal to eighty percent of the pay for the next three hundred and sixty five days.

(ii) Child Care Leave may be combined with leave of any other kind due and admissible.

* Substituted vide Gazette Notification dated 30.10.2014 ** Added new regulation vide Gazette Notification dated 28-07-2022

(13)

(iii) Application for Child Care Leave, in the form specified by the State Government, shall have to be submitted to leave sanctioning authority well in time for sanction.

(iv) Child Care Leave cannot be claimed as a matter of right. Under no circumstances can any female Corporation Employee or single male Corporation Employee, as the case may be. Proceed on Child Care Leave without prior approval of the leave sanctioning authority.

(v) Child Care Leave shall not be granted under any circumstances to a female Corporation Employee, or single male Corporation Employee, as the case may be, who remains on an unauthorised absence from duty and applies for it thereafter.

(vi) Leave already availed or being availed of by a female Corporation Employee or single male Corporation Employee, as the case may be. Shall, under no circumstances, be converted into Child Care Leave.

(vii) Child Care Leave shall not be debited against any other kind of leave account. The Leave account of Child Care Leave shall be maintained in the form specified by the State Government, from time to time and it shall be pasted in the service book.

(viii) Leave sanctioning authority can deny the leave applied for on the ground of proper and smooth functioning of Corporation work or achievement of departmental targets.

(ix) It shall not be granted for more than three spells in a calendar year. A spell, which begins during a calendar year and ends in the next calendar year, shall be deemed as a spell pertaining to the calendar year in which the spell begins. Child care leave shall not be granted for a period less than five days at a time,

(x) It shall ordinarily not be granted to a probationer trainee during the probation period. However, in special circumstances if the leave is granted during the probation period then the probation period shall be extended by the period equivalent to the period for which the leave has been granted.

(xi) The leave is to be treated like the Privilege Leave and sanctioned as such.

(xii) Sunday and holiday can be prefixed or suffixed to Child Care Leave. Consequently, Sunday, Gazatted holiday(s) or any other holiday(s) notified by the Government falling during the period of leave would also count for Child Care Leave, as in the case of Privilege Leave.

(xiii) A certificate of dependancy of the disabled Child will be obtained from the female Corporation Employee or single male Corporation Employee, as the case may be, before sanctioning Child Care Leave along with the document of disability issued by the competent authority/Medical Board.

(xiv) Child Care Leave in connection with the examination or illness of a minor child living abroad, shall be sanctioned on the basis of a certificate issued in this regard by the educational institution concerned or by an authorised doctor, as the case may be. The female Corporation Employee or single male Corporation Employee, as the case may be, who avails Child Care Leave in respect of a minor child living abroad, shall have to comply with all the rules/instructions for proceeding on ex- India leave and eighty percent of such leave shall have to be spent in the country where the child is living.

(xv) Before Child Care Leave is sanctioned relating to the examination of a minor child, who lives in a hostel in India or abroad, the female Corporation Employee or single male Corporation Employee, as the case may be, shall have to clarify how the needs of such a minor child will be looked after by her.”

(14)

Where this provision sits

ActThe Rajasthan State Warehousing Corporation (Staff) Regulations, 1974
Section13
Marginal noteMaternity Leave
JurisdictionState of Rajasthan
StatusIn force as published by the source

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