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Uttarakhand HC entitles women contractual workers to child care leave

The Uttarakhand High Court on Saturday ruled that even the women contractual workers of the state government will now be eligible for child care leave for 31 days like regular employees.

Uttarakhand HC entitles women contractual workers to child care leave
Uttarakhand HC entitles women contractual workers to child care leave
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Published : Jul 25, 2020, 10:16 PM IST

Nainital: In a huge relief to women contractual workers, the Uttarakhand High Court has ordered they should be granted 31 days of child care leave every year.

A three-judge bench of Chief Justice Ramesh Ranganathan, Justice Sudhanshu Dhulia and Justice Alok Verma delivered the judgement on Friday after hearing a petition of Tanuja Tollia, an ayurvedic doctor posted in the Garhwal region.

The court also said women contractual employees will be eligible for maternity leave like regular employees.

The court made it clear that instead of two years, women contractual workers will be given maternity leave of one year 31 days until the first two children attain 18 years of age.

Earlier, Tollia had filed a petition in the high court after being denied maternity leave after the birth of her son in 2018.

The petition cited an order of the high court by which maternity leave should have been granted.

The petition said that as per the government mandate issued in 2011, women personnel are entitled to child care leave of two years or 730 days until two children reach 18 years of age.

The government opposed the claims by saying that maternity leave is not applicable to contractual employees since their appointment is made for a year at a time.

The government also pointed out that it is clearly written in the appointment letter of contractual employees that they will be granted 14 days holiday in one year.

Further, the contract elaborates that they will not be paid on the days they do not come to office. It was said on behalf of the government that contractual employees cannot be considered a part of the state service.

After hearing both the sides, the court had reserved the verdict on July 14 on this matter.

PTI

Also read: Uttarakhand rolls out new guidelines for festivals amidst COVID-19 pandemic

Nainital: In a huge relief to women contractual workers, the Uttarakhand High Court has ordered they should be granted 31 days of child care leave every year.

A three-judge bench of Chief Justice Ramesh Ranganathan, Justice Sudhanshu Dhulia and Justice Alok Verma delivered the judgement on Friday after hearing a petition of Tanuja Tollia, an ayurvedic doctor posted in the Garhwal region.

The court also said women contractual employees will be eligible for maternity leave like regular employees.

The court made it clear that instead of two years, women contractual workers will be given maternity leave of one year 31 days until the first two children attain 18 years of age.

Earlier, Tollia had filed a petition in the high court after being denied maternity leave after the birth of her son in 2018.

The petition cited an order of the high court by which maternity leave should have been granted.

The petition said that as per the government mandate issued in 2011, women personnel are entitled to child care leave of two years or 730 days until two children reach 18 years of age.

The government opposed the claims by saying that maternity leave is not applicable to contractual employees since their appointment is made for a year at a time.

The government also pointed out that it is clearly written in the appointment letter of contractual employees that they will be granted 14 days holiday in one year.

Further, the contract elaborates that they will not be paid on the days they do not come to office. It was said on behalf of the government that contractual employees cannot be considered a part of the state service.

After hearing both the sides, the court had reserved the verdict on July 14 on this matter.

PTI

Also read: Uttarakhand rolls out new guidelines for festivals amidst COVID-19 pandemic

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