Joseph John / TNN / Apr 21, 2024, 14:38 IST
Chhattisgarh State Women's Commission instructs IIM-Raipur to decide on Mrs. Lata's child adoption leave application within 15 days. IIM-R follows HR policy approved by the Board of Governors for working parents' needs.
Raipur: The Chhattisgarh State Women's Commission has instructed the Indian Institute of Management - Raipur to decide within 15 days regarding a female employee's application for “child adoption leave" to care for her daughter. The employee, who remained childless for 17 years after marriage, recently adopted a newborn and applied for leave.
The Commission's involvement came after IIM-R employee Mrs Lata filed an application stating that she legally adopted a two-day-old child on November 20, 2023, and subsequently sought child adoption leave, which was refused, citing that there was no policy.
A hearing, chaired by Dr. Kiran Mayee Nayak and attended by members Mrs. Neeta Vishwakarma and Mrs. Archana Upadhyaya, was conducted at the Commission's office on Friday.
According to a press release issued by the commission, after the case was presented to the Commission, a leave of 84 days was approved, whereas, as per government rules, eligibility for leave includes 180 days of maternity leave and 60 days of commuted leave.
This leave is entitled to every mother in government service for the care of her young child, and there are clear legal provisions for maternity leave. During the previous hearing of the Commission on February 22, it was assured by the non-applicant IIM-R that a meeting of the Board of Directors would be convened soon for a speedy decision.
Two individuals were also proposed to be sent by the Commission to that meeting, which was accepted by the non-applicants. As the Commission did not receive notification of the meeting, an email was sent to IIM Raipur on March 28, and a response was expected from IIM by April 5. In response, IIM prepared the letter on April 2 but sent it on April 12 by post, the commission noted, pointing out that the institution deliberately delayed in responding to the applicant's case.
IIM Raipur stated in response before the commission that the applicant does not qualify under the Central Civil Services Rules, asserting the institute's autonomy. Contrary to the institute's stance, the applicant argued that she has been serving for the past ten years and insisted that IIM Raipur, as a recognised institution in India, is obligated to adhere to the laws of the land.
After careful consideration of both perspectives, the Commission affirmed the applicant's entitlement to leave, citing her adoption of a minor girl after 17 years. Consequently, the Commission directed IIM Raipur to decide on her leave application within 15 days and communicate the decision through the Commission.
IIM-R response
In its response, the premier institute said “IIM Raipur operates as an autonomous entity, established under a separate act. Hence, it has its own explicit HR policy to be adhered to. This policy is implemented after the approval of the Board of Governors (BoG) of the Institute, which has female representation as well. While IIM Raipur respects the decision taken on the case, it is crucial to note that the judgment is subject to further proceedings through appropriate channels”.
IIM Raipur firmly believes in upholding the principles of fairness and remains committed to providing a supportive and inclusive environment for all its employees. It is important to note that 62% of the students studying at IIM Raipur currently are female and there are regular (daily) visits of gynaecologists and counsellors at campus for the IIM Raipur community members. The institute recognises the importance of policies that address the needs of working parents, including provisions for this case.
However, such policies must be implemed under the framework that is implemented after the approval of the Board of Governors (BoG) of the Institute, who are the sole competent authority, IIM-R maintained.
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