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How Much Maternity Leave Do Central Govt Employees Get?
Who Is Eligible and How Long
- A female government servant, including an apprentice, with less than two surviving children may be granted maternity leave for 180 days from the date it starts (CCS (Leave) Rules 1972, Rule 43(1), p. 36).
- In case of surrogacy, the surrogate mother and the commissioning mother with less than two surviving children may each get 180 days of maternity leave, if either or both are government servants (CCS (Leave) Rules 1972, Rule 43(6), p. 36).
Pay During Maternity Leave
- You are paid leave salary equal to the pay drawn immediately before proceeding on leave (CCS (Leave) Rules 1972, Rule 43(2), p. 36).
- If the Employees' State Insurance Act, 1948 applies to you, the leave salary is reduced by the benefit payable under that Act for the same period (CCS (Leave) Rules 1972, Rule 43(2), Note, p. 36).
- Maternity leave is not debited against your leave account (CCS (Leave) Rules 1972, Rule 43(5), p. 36).
Combining Maternity Leave With Other Leave
- Maternity leave may be combined with leave of any other kind (CCS (Leave) Rules 1972, Rule 43(4)(a), p. 36).
- In continuation of maternity leave, you can get leave of the kind due and admissible, including commuted leave up to 60 days and leave not due, up to a maximum of two years, without the usual medical certificate (CCS (Leave) Rules 1972, Rule 43(4)(b), p. 36).
- Child care leave can also be combined with leave of any other kind (CCS (Leave) Rules 1972, Rule 43-C(5), p. 40).
Miscarriage, Stillbirth and Adoption
- In case of miscarriage, including abortion, you may get maternity leave of up to 45 days during your entire service, whatever the number of surviving children, on production of a medical certificate (CCS (Leave) Rules 1972, Rule 43(3), p. 36).
- In case of stillbirth or death of a child soon after birth, DoPT allows 60 days of Special Maternity Leave on certain conditions (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, para 1, p. 1).
- A female government servant with fewer than two surviving children who adopts a child below one year of age may get child adoption leave of 180 days (CCS (Leave) Rules 1972, Rule 43-B(1), p. 38).
Where to Check
Read Rule 43 of the CCS (Leave) Rules, 1972 in the DoPT consolidated copy updated as on 24.09.2024 (CCS (Leave) Rules 1972, Rule 43, p. 36).
These rules do not apply to Railway servants (CCS (Leave) Rules 1972, Rule 2(a), p. 3). KVS, NVS and Delhi Police staff should also check any orders issued by their own organisation.
Related Questions
Is maternity leave deducted from my earned leave?
No. Maternity leave is not debited against your leave account (Rule 43(5)).
Can I extend maternity leave beyond 180 days?
Yes, with other leave. You can take leave of the kind due and admissible, including up to 60 days of commuted leave and leave not due, for up to two years in continuation of maternity leave without a medical certificate (Rule 43(4)(b)).
Can I get maternity leave if I already have two surviving children?
The 180 days under Rule 43(1) is for women with less than two surviving children. Maternity leave of up to 45 days for miscarriage or abortion is allowed irrespective of the number of surviving children (Rule 43(3)).
Is maternity leave available in a surrogacy case?
Yes. The surrogate mother and the commissioning mother with less than two surviving children may each get 180 days if either or both are government servants (Rule 43(6)).
What leave is given after a stillbirth?
DoPT OM dated 02.09.2022 allows 60 days of Special Maternity Leave in case of stillbirth or death of the child within 28 days of birth, subject to conditions.
Official Sources
- Central Civil Services (Leave) Rules, 1972 (updated as on 24.09.2024) · Department of Personnel and Training, Government of India
- OM No. 13018/1/2021-Estt.(L) dated 02.09.2022: Grant of 60 days Special Maternity Leave in case of death of a child soon after birth or stillbirth · Department of Personnel and Training, Government of India
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This article explains the official rules as published; it is not legal advice. Check the cited document, and your own department's orders, before acting.