Now Reading: Kerala High Court Extends Hysterectomy Leave to Contractual Women Employees
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Kerala High Court Extends Hysterectomy Leave to Contractual Women Employees
Kerala High Court Extends Hysterectomy Leave to Contractual Women Employees
The Kerala High Court has ruled that women working on contract under State-funded projects cannot be denied hysterectomy leave solely because the relevant provision was not expressly included in an order extending…
The Story in Brief
The Kerala High Court has ruled that women working on contract under State-funded projects cannot be denied hysterectomy leave solely because the relevant provision was not expressly included in an order extending maternity benefits. Justice Harisankar V. Menon allowed petitions by two Special Educators employed under Samagra Shiksha Kerala, who had sought leave after surgery and been advised prolonged rest.
The court said the State had no rational basis to extend Rules 100 and 101 of the Kerala Service Rules to contractual employees while excluding Rule 101A, which covers hysterectomy leave. Relying on an earlier ruling on maternity benefits, it directed the government to reconsider the applications within 16 weeks.
The Indian Opinion
Claims that contractual workers accept weaker protections as part of their bargain ignore the court’s reasoning that welfare benefits cannot be split without a valid basis. The opposite claim, that this ruling settles every workplace leave dispute, is also too broad. Its effect turns on the State-funded project framework and the rules involved. The practical test is whether the government grants the two applications within 16 weeks.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
