Maternity Leave

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 under Rule 43(1) of Central Civil Services (Leave) Rules, 1972 for a continuous period not exceeding 180 days/ 26 weeks (in each occasion).

  • A pregnant employee can start her maternity leave up to 8 weeks before the delivery due date and 18 weeks post-childbirth (in each occasion).
  • While on maternity leave, employees are entitled to pay. The maternity compensation is calculated at her average daily earnings over a three-month period immediately before the leave begins.
  • The extension of maternity leave depends on the circumstances that the mother or/and child may be facing. Post the 26 weeks period, any leave (if granted by the employer) is usually considered as unpaid leave.
  • Maternity leave may be combined with leave of any other kind under Rule 43 (4) (a) – CCS Leave Rule,1972.
  • 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 may, if applied for, be granted in continuation of maternity leave under Rule 43 (4) (b) – CCS Leave Rule,1972.
  • Maternity leave shall not be debited against the leave account under Rule 43 (5) – CCS Leave Rule,1972.
  • The Maternity Benefit Act also states that in the 10 weeks leading up to the delivery date, no pregnant employee should be compelled to do arduous tasks that may affect the welfare of both mother and child. If the concerned employee works in an establishment with more than 50 employees, then she has the right to crèche facility access when she returns to her job.

 Maternity Leave for Miscarriage [CCS Leave Rule – 43 (3)]

  • Maternity leaves not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving childrenduring the entire service of that female Government in case of miscarriage including abortion on production of the 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.

The orders issued by Kendriya Vidyalaya Sangathan in this regard are :

  1. The Maternity Benefit (Amendment) Act, 2017 – the creation of Creche facility in various establishments of Kendriya Vidyalaya Sangathan. (01-02-2019)

The orders issued by D/o Personnel & Training in this regard are :

  1. Maternity Benefit Amendment Act,2017
  2. Recommendations of the Sixth Central Pay Commission relating to enhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employees.
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