PICL to challenge policy halting maternity leave after infant loss during leave period

Public Interest Law Center (PILC) has decided to take on the battle to challenge the government policy demanding bereaved mothers to return to work as early as one day after the death of their infant during the maternity leave period.

Vice President of PILC, which takes on pro-bono cases in civil matters, Abdulla Nahid told Mihaaru news that two government offices have made this demand from grieving mothers.

Nahid also said that they want to provide a legal solution for the matter citing it would not be easy for a mother to return to work in that condition.

The centre is now collecting more information regarding the matter, and will be filing a case with the Employment Tribunal.

The first case submitted to PILC was a case of a mother being notified to return to work just a day after her four month old baby passed away during the maternity leave period. The incident took place about one and half years ago, Nahid said, adding that they were told the decision was in line with a letter sent by the President's Office, when the issue was flagged to the Civil Service Commission.

The issue was then taken to the President's Office, which advised them to move forward with the tribunal process.

"[She] was notified to return to work immediately after her first child passed away. [We] believe that the maternity leave is also a leave for the mother," Nahid said.

The second such case came from a government ministry. When a female staff's newborn child passed away two months after birth, she was told to return to work the following day.

However, PILC believes this is unacceptable, but pointed out that similar practices were followed previously as well.

Paid leave after the delivery of a living child was extended from three to six months in 7th March, 2019 after the amendment of the Civil Service Regulations.