Right to have maternity leave: KSHRC

Alappuzha: The Kerala State Human Rights Commission (KSHRC) has asked the Mavelikara municipality  to reappoint an employee who was dismissed after she sought  maternity leave in 2015. The KSHRC passed the order on the basis of a complaint filed  by  Manjusha, who  was working as data entry operator at the taluk hospital under the municipality.    Mr M. Mohankumar, member, KSHRC, asked the municipality to sanction her maternity  leave with the remuneration.

She had completed two years of service in 2015 and sought maternity leave for 180 days.  But the then municipality  secretary refused to give her leave and dismissed her from service. She, therefore,  approached the KSHRC which passed an order in her favour in 2015.    The commission had said  that a temporary employee  could be posted in the leave vacancy, but that Manjusha should be taken back when she returns.

Though the municipality challenged the order in the High Court, the court refused to quash the KSHRC order.  She again approached  the municipality claiming her job. But the municipality rejected her claim. She, therefore,  approached  the KSHRC  which passed the new order.          

The  commission  observed that the complainant had completed two years in the post and that she was eligible  to get 180-day  maternity  leave.  Her dismissal  during the period is illegal and the municipality secretary should reappoint her,  the commission observed. The municipal  authorities said that the hospital was upgraded as district hospital and that the administration of the hospital was currently  under the district panchayat.