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Can I Get 60 Days Leave After a Stillbirth or Infant Death?
What the 2022 Order Provides
- DoPT decided to grant Special Maternity Leave of 60 days to a female central government servant in case of death of a child soon after birth or stillbirth (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, para 1, p. 1).
- The order applies from its date of issue, 2 September 2022, to employees covered by Rule 2 of the CCS (Leave) Rules. Past cases already settled need not be reopened (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, para 3, p. 2).
- DoPT's consolidated leave OM of 8 April 2025 still lists this order among the leave orders issued in exception to the CCS (Leave) Rules (DoPT OM dated 08.04.2025, consolidated leave orders).
Key Definitions
- Death soon after birth: death up to 28 days after birth (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (iii), p. 1).
- Stillbirth: a baby born with no signs of life at or after 28 weeks of gestation (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (iv), p. 1).
- Authorised hospital: a government hospital, or a private hospital empanelled under CGHS (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (vi), p. 2).
- Miscarriage, including abortion, is dealt with separately: maternity leave of up to 45 days in your entire service, on a medical certificate (CCS (Leave) Rules 1972, Rule 43(3), p. 36).
How the Leave Is Counted
- If you were already on maternity leave until the child's death, the maternity leave taken up to the date of death may be converted into any other kind of leave in your account, without a medical certificate. Special Maternity Leave of 60 days is then granted from the date of death or stillbirth (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (i), p. 1).
- If you had not taken maternity leave, 60 days of Special Maternity Leave may be granted from the date of death or stillbirth (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (ii), p. 1).
Conditions You Must Meet
- You must have less than two surviving children (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (v), p. 2).
- The delivery must be in an authorised hospital (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (v), p. 2).
- For an emergency delivery in a non-empanelled private hospital, you must produce an emergency certificate (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, condition (vi), p. 2).
Where to Check
Read DoPT OM No. 13018/1/2021-Estt.(L) dated 02.09.2022 (DoPT OM 13018/1/2021-Estt.(L) dated 02.09.2022, full text, p. 1). If you work for an organisation with its own leave orders, such as KVS, NVS, Railways or Delhi Police, check with your establishment section whether it has adopted this OM.
Related Questions
Does this leave apply to cases before September 2022?
The order applies from its date of issue, 2 September 2022. Past cases that were already settled need not be reopened.
Which hospitals count as authorised?
A government hospital, or a private hospital empanelled under CGHS. For an emergency delivery in a non-empanelled private hospital, an emergency certificate is mandatory.
Do I need a medical certificate to convert my maternity leave?
No. Maternity leave already taken up to the child's death may be converted into any other kind of leave in your account without insisting on a medical certificate.
Is a miscarriage covered by this order?
The order covers stillbirth (no signs of life at or after 28 weeks of gestation) and death within 28 days of birth. Miscarriage, including abortion, is covered separately by up to 45 days of maternity leave under Rule 43(3) of the CCS (Leave) Rules.
Official Sources
- 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
- OM dated 08.04.2025: Leave orders issued in exception to the CCS (Leave) Rules, 1972 (consolidated) · Department of Personnel and Training, Government of India
- Central Civil Services (Leave) Rules, 1972 (updated as on 24.09.2024) · 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.