The High Court of Delhi has directed the Delhi State Legal Services Authority to grant maternity leave to a legal aid counsel working with the Juvenile Justice Board.
The Single-Judge Bench of Justice Chandra Dhari Singh, while terming the DSLSA’s refusal to grant maternal leave to the petitioner as arbitrary and
violative of Articles 14 and 16 of the Constitution, recently directed the Authority to grant maternity leave to the petitioner from January 7, 2015 to June 7, 2015 with full pay.
The High Court further directed the
state 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.
It ordered the state government 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.
The state government was directed to provide every establishment to have the facility of crèche having 50 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.
It was 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.
It said the female employees should be granted paid leave equal to the pay drawn immediately before proceeding on leave.
It noted that CCL could be combined with leave of the kind due and admissible.
The state government was further 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.
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