MATERNITY LEAVE & PATERNITY LEAVE
Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Maternity Leave and Paternity Leave to central Govt. employees are explained here under.
1. Maternity Leave for Giving Birth [CCS Leave Rule – 43 (1)]
A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a continuous period not exceeding 180 days (in each occasion) [DOPT O.M. No. 13018/1/2008-Estt.(L), dated 11/09/2008].
NOTE – In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
2. Maternity Leave for Miscarriage [CCS Leave Rule – 43 (3)]
Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19.
Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
3. Maternity Leave – Other Provisions
CCS Leave Rule – 43 (4) (a) – Maternity leave may be combined with leave of any other kind.
CCS Leave Rule – 43 (4) (b) – Notwithstanding the requirement of production of medical certificate contained in Rule 30(1) or Rule 31(1), leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years (one year up to 31/08/2008) may, if applied for, be granted in continuation of maternity leave.
CCS Leave Rule – 43 (5) –Maternity leave shall not be debited against the leave account.
2. Paternity Leave [CCS Leave Rule – 43A]
(1) A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave for a continuous period of 15 days, during the confinement of his wife for birth, i.e. up to 15 days before, or up to six months from the date of delivery of the child.
(2) The paternity Leave may be combined with leave of any other kind.
(3) The paternity leave shall not be debited against the leave account.
(4) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
3. Child Adoption Leave [CCS Leave Rule – 43B]
(1) A female Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child of below the age one year, may be granted Child Adoption Leave for a period not exceeding 180* days immediately after the date of valid adoption.
(2) In continuation of Child Adoption Leave, a female Government servant, may also be granted leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period up to one year or till such time the child is one year old, whichever is earlier.
(3)** A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below one year, may be granted Child Adoption Leave by an authority competent to grant leave for a continuous period not exceeding 15 days (in each occasion) within a period of six months from the date of valid adoption.
(4) However, this facility will not be admissible in case the Government servant is already having two surviving children at the time of adoption.
* Increased to 180 days, and ** newly introduced for male Government servants vide DOPT O.M. No. 13018/1/2009-Estt.(L), dated 22/07/2009