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The Hindu
The Hindu
National
Jayanth R.

DSEL in a bind after new recruits who reported to work after giving birth apply for maternity leave

A strange problem has besieged the Department of School Education and Literacy (DSEL) over the grant of maternity leave to two newly-appointed graduate primary teachers. The case is expected to have repercussions for all prospective women employees of the State government. 

The government issued a notification for the recruitment of 15,000 graduate primary teachers in March 2022 and 13,352 were appointed recently. Of them, the case of two teachers, both posted in Haveri district, has now caught the attention of the department.

One of them, appointed to the Bisilahalli Government Model Primary School, Byadgi taluk, was delivered of her second child this October 8 and reported for service on October 27.

Another teacher, appointed to the Government Higher Primary school in Balambidu village of Hanagal taluk, was delivered of her first child this September 26 and reported for service on October 31.

Both applied for maternity leave as soon as they reported to work. 

However, the Deputy Director of the department (DDPI), Haveri district, has rejected the applications arguing that they were delivered of their children before joining service, and were not covered under maternity leave as per the rules and regulations of the Karnataka Civil Services and Rules (KCSR). Female members of the service are eligible for 180 days of maternity leave. 

“These two teachers were delivered of their children before joining the service and are not covered by the maternity leave facility. According to the KCSR rules leaves, salary and other facilities will be available to any government employee after they join the service. The terms of service do not apply to events occurring prior to them joining. So, I have written to the Commissioner seeking proper guidance in this regard,” said Suresh N. Huggi, DDPI, Haveri district.

Child care leave is also not applicable to these teachers as they are still on probation. Both the teachers are not working presently and the department has been terming them “absent”. 

“Women who have been delivered of children are allowed to apply to the recruiting authority and join the service after a few months. But some people opt for seniority and join the service, and then they claim maternity leave. There is no provision in the rules for this. These women teachers who are absent for work, can legitimise the leave by giving a medical certificate. But they will not be paid for the term, but their service will be counted,” said an official from the Department of Personnel and Administrative Reforms (DPAR).

“This is an extraordinary situation and a decision that will be taken in this case will have an impact on other departments as well. Appropriate action will be taken after checking how facilities can be provided to these teachers on a humanitarian basis. We are looking at the issue holistically and an appropriate decision will be taken in this regard,” said B.B. Cauvery, Commissioner of School Education.

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