NHRC Ensures Extended Maternity Leave For Temporary Women Staff In Tamil Nadu

The National Human Rights Commission (NHRC) of India has successfully intervened in the matter concerning temporary women staff employed under the Centre’s Samagra Siksha Scheme in Tamil Nadu.

As a result, these staff members will now receive 26 weeks of paid maternity leave, in accordance with the Maternity Benefit (Amendment) Act, 2017, instead of the previously provided 12 weeks. The Government of Tamil Nadu has informed the Commission that it has rectified the anomaly by issuing an erratum.

The Commission initiated action based on a complaint received on January 27, 2023, stating that contractual women employees of the Samagra Siksha Scheme were not being granted the full benefit of 26 weeks of paid maternity leave as mandated by the Maternity Benefit (Amendment) Act, 2017. Instead, they were only receiving 12 weeks of maternity leave.

Allegedly, despite making several representations to the Ministry of Education and the Tamil Nadu Government, no corrective measures were taken, resulting in a violation of the women staff’s human rights.

In response, the Commission issued directions on January 25, 2023, to the Secretary of the Union Education Ministry and the Commissioner of the Labour Department, Government of Tamil Nadu, to investigate the allegations and provide an Action Taken Report.

The Union Education Ministry, in an email, informed the Commission that the subject matter of “Education” falls within the Concurrent List of the Constitution, and the employment-related matters of staff are under the jurisdiction of the respective state governments. The Ministry had already written to the Government of Tamil Nadu, urging them to take appropriate legal action in this regard.

Subsequently, the Commission received a report from the Principal Secretary of the School Education Department, Tamil Nadu, stating that the State Project Director of Samagra Siksha had issued an erratum on February 10, 2023, revising the maternity leave for married temporary women staff (on consolidated pay) of Samagra Siksha, Tamil Nadu, to 26 weeks, as per the amendment.