purpose of maternity leave

The Kerala High court reiterates the judgment of Madras HC and similarly upheld the right of women to child care leave for the intending mother. This interpretation allows the growth of law in keeping with the changes in society and prevents the laws from becoming obsolete, regressive and expands the scope of law , judicial interpretation. Though two landmark cases have been previously adjudicated  on the issue of motherhood determination but the court did not address the legal rights or entitlements associated with the intending mother. Strategies for hiring interims or independent contractors, cross-training your employees etc. It may be posited that there is need to include child care leave in the ART Bill for the same in keeping this judicial dictum. Big multinationals already lead the way in this regard; small businesses, on the other hand, tend to overestimate the costs while underestimating the benefits involved. Unfortunately, a maternity leave policy on its own doesn’t make you family-friendly. By following the right procedure, a huge weight will be lifted off your shoulders, knowing that your leave has been accepted without affecting the future of your career. Americas: +1 857 990 9675 In tandem the court referred to relevant Indian constitutional provisions namely Article 51(c) obligation to respect the international covenants, Article 253 Parliament’s power to give effect to International conventions which enable incorporation and giving effect of international law. © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins In the latter non biological motherhood women attains motherhood through exchange of custody, guardianship from the natural parents  through adoption as under the Adoption Act. Edit them in the Widget section of the, Right to child care leave for the women attaining motherhood through Surrogacy in India- K.Kalaiselvi vs Chennai Port Trust [1]and P.Geetha vs The Kerala Livestock Development [2] –, http://icmr.nic.in/guide/ART%20REGULATION%20Draft%20Bill1.pdf, http://www.refworld.org/docid/3ae6b3712c.html (Last, http://www.refworld.org/docid/3ae6b3970.html (Last, http://www.refworld.org/docid/3dde04324.html (Last, http://www.refworld.org/docid/3ae6b38f0.html (Last, Assisted Reproductive Technologies ( ART ) Bill, Beijing Declaration and Platform for Action Fourth World Conference on Women-, Bejing Declaration & Platform for ACtion Fourth WOrld Conference on Women - Right of all women to control all aspects of their health, child care leave for Intending mother or woman attaining motherhood through surrogacy, Commissions for Protection of Child Right Act-best interest of child, inclusive, beneficial interpretation of legislations, Kerala High court Child care leave for surrogacy, latin maxim mater semper certa est meaning motherhood is certain, M.R. a period of paid absence from work, in Britain currently six months, to which a woman is legally entitled during the months immediately before and after childbirth. Your excellent employees feel valued and see you as a fair employer who cares. The court follows the rule of application of international treaty law finding upon the legal vacuum in national arena when the municipal law is silent in certain regard as practiced in some of the celebrated case as Vishaka and others v. State of Rajasthan and others[29] and similarly refers to the international cases Lotus Case, 1927 (France v. Turkey)[30]where the relevant provisions of UNCEDAW, international treaty law were given direct effect respectively. Roughly a quarter of US mothers are back at work two weeks after giving birth, when most doctors agree at least three months are required to recover from childbirth and establish a proper bond with their newborn. At the end of their leave, they return to their old role. What’s in, what’s out, and what’s around the corner—they’ve got the HR world covered. This is established in an Irish case M.R. “Affect” vs. “Effect”: Use The Correct Word Every Time. Sign up for jargon-free hiring resources. Learn more about the features available and how they make each recruiting task easier. The object of such a leave is to take care of the child and develop a good bond between the child and the parents.” [3]. The court reiterates the landmark cases which apply the rule of inclusive , beneficial interpretation of laws in Laxmi Video Theatres v. State of Haryana[27],  the Supreme court read within the meaning of the term Cinematograph the progressive notions Video cassette recorder under Cinematograph Act after taking note of the subsequent scientific development in the concerned field which was not available at the time of the former legislation. Protections and obligations. The same mandate has been imbibed in the national constitution under directive principles of state policy which states that children are to be assured of facilities to develop in a healthy manner[22] and also in the national statutory laws namely the Commissions for Protection of Child Right Act [23] which reinforcing the best interest of child. Under more stingy legislation however, they may reap great value from giving their employees generous maternity leave benefits within their capabilities. Similarly in the subsequent case,  P.Geetha vs The Kerala Livestock Development[8]  before Kerala HC, the petitioner who is an executive in the Kerala Livestock Development Board, commissions surrogacy being both the intending a well as the genetic mother  sought maternity leave from the respondent Kerala Livestock Development Board but the Kerala Livestock Development Board Limited Staff Rules & Regulations, 1993 do not permit maternity leave to the employees on ground other than ‘normal circumstances’ implying pregnancy in normal course as envisaged under the staff rules and therefore the petitioner is denied the leave, under these circumstances, the petitioner has filed the present writ petition for seeking child care leave to look after her surrogate baby. Dictionary.com Unabridged See more. Of India, New Delhi & Indian Council of Medical Research New Delhi, available at http://icmr.nic.in/guide/ART%20REGULATION%20Draft%20Bill1.pdf (Last visited Feb. 15, 2014) [hereinafter ART Bill 2010. 183 (2000) concerning the revision of the Maternity Protection Convention, on 31 August 2010, and Convention No. This form of motherhood is implied  in  the Evidence Act , Maternity Benefit Act. The court granted this child care leave for the purpose of developing a bondage with the newly born child and in keeping with cardinal rule of UNCRC best interest of child, right of child to development, survival. In these context the court considers the need for surrogate’s child care and the guarantee of leave for the same. The court also makes an assessment of the existing statutory law to explore for any scope of inclusion of child care leave, the court makes a perusal of  legislation like Maternity Benefit Act[24]and opines that the legislation is mother centric based on the proof of the act of parturition, gestation delivery. Though the Bill vest legal motherhood in the intending mother but the Bill neither provides safeguards for the maternity attained via use of such technology nor any such child care leave for the newly born surrogate child as granted to the woman having child in normal biological course and women adopting the child. You can use a text widget to display text, links, images, HTML, or a combination of these. When most companies are struggling to retain talent and boost productivity, offering sensible maternity leave benefits, among other attractive policies, can be a competitive advantage for small businesses.

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