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FR & SR Part III – Leave Rules

ESIC – Employees’ State Insurance (Central) Rules, 1950

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Leave Rules – Maternity Leave

Leave Rules – Maternity Leave

FR & SR Part III

Pregnancy Eligibility : A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave – Rule 43 (1)

Duration : 180 days from the date of its commencement. – Rule 43 (1). DOPT OM dated 11-9-2008

Leave Salary : During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. – Rule 43 (2)

Miscarriage / abortion : 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. – Rule 43 (3)

Maternity leave shall not be debited against the leave account – Rule 43 (5)

Maternity leave may be combined with leave of any other kind. – Rule 43 (4) (a)

Leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) that can be granted in continuation with Maternity Leave provided in Rule 43(4)(b) shall be increased to 2 years. DOPT OM dated 11-9-2008

Service which counts for increments. – F.R. 26 (b)

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. – Note below Rule 43(2)

Admissible for induced abortion

Not admissible for ‘threatened abortion’

- Compiled by IGE Corner

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38 comments to Leave Rules – Maternity Leave

  • Pramod

    From which date Maternity Leave will be sanctioned to a female employee.

  • Mathew

    Is maternity leave ( with or without pay )available for a mother with two surviving children?

  • ISHAQ

    DEAR,
    WHAT LEAVE CAN A FEMALE EMPLOYEE AVAIL TO GIVE BIRTH TO HER THIRD CHILD.

  • anil garg

    What is the minimum length of service at which maternity leave are entitled in case of new

    appointment cases especially the term bound temporary posts ( resident doctors in Govt Hospitals)

  • l b vala

    Dear sir

    How many leave can be utilised in first miscarriage out of 45

  • after sudden demise of husband of a female Central Govt.Servant with two surviving children: got remarried with a person and given birth of a child, is she eligible to avail maternity leave for her third child ?

  • DEBASIS KHUNTIA

    R/SIR, I WANT TO KNOW THE RULE IN WHICH A PERSON CAN AVAIL ’02′ RH IN A YEAR , PLEASE REPLY ME SIR

  • jitender singh

    is employee is entitled for child care leave just after maternity leave in continuation and for how long period

  • is center govt employee is entitled for child care leave just after a maternity leave and for how much period

  • sanjay

    Is maternity leave available for a mother with two surviving children. And is there any order for the same

  • What is the minimum length of service at which maternity leave are entitled in case of new

    appointment cases especially the term bound temporary posts ( resident doctors in Govt Hospitals)

  • Anjali Mahajan

    when i was jr asstt in distt library i was on maternity leave. in between i appeared in type test conducted by our deptt at o/o the dy director of higher education during my maternity leave now the deptt has considered it as my joining.

  • Riddhi

    what rule is applicable for maternity leave for private employed teachers…

  • Mohini

    Please tell me Does miscarriage leave come under Maternity leave and can continued as commuted leave without medical certificate for less than 60 days. I have given medical certificate from the Hospital for miscarriage but want to continue the leave.

  • hemlata

    i am working in higher education department.here summer vacation given to us from 1 may to 15 june.i was working in college till last working day. i hav given birth to my chilld on 6 may.now my question is ,my maternity leave should start from 6 may or 16 may .if it starts fom 6 may ,i will be in loss of 45 days,because there was already summer vacation.plz clear my doubt.

  • Sir,now i m in maternity leave.and now also i ll get a new job and want to join that. So in this case can i continue my leave after join that job.

  • jaya

    can a women avail maternity leave after one month of birth of baby

  • snehlata

    I want sir I want to know I m under maternity leave but I dont want to avail 180days I just want to avail 179days. Is it possible

  • Anand Prakash

    can a woman join the duty without fitness certificate after miscarrige.

  • sajida begum

    I adopted the child just now.I want know which leave can I take and how many days it will be. can I take maternity leave for child care

  • jalpa.m.vyas

    Are women employees entitled for increment during the maternity leaves?

  • m.shashikala

    From which date maternity leave can be granted to a govt servant

  • saroj molri

    I am having three kids. third kid is 1995 born. is my maternity leave valid.

  • from which date a female is eligible for such leave?

  • yesotha

    Is maternity leave available for a mother with two surviving children. And is there any order for the same
    out these two children only one maternity leave was availed then shall i take second maternity for third one

  • deepika

    In probation period female employee is granted leave for miscarriage with pay or without pay…

  • pravin

    Sir,
    Miscarriage leave can be take for 15 day for first miscarriage & remaining 30 days for second miscarriage.

  • From which date Maternity Leave for miscarriage (abortion) will be sanctioned to a female employee.

  • Smt.Nitu S. Bhitre

    What is the minimum length of service at which maternity leave are entitled in case of new

    appointment.

  • S.B.Ratra

    from which date maternity leave will be sanctioned

  • S.B.Ratra

    Whether maternity leave will be sanctioned before six weeks of expected date of delivery.

  • tahira khatoon

    What is the minimum length of service at which maternity leave are entitled in case of new emplyes

  • Bhimala Rao

    A women give birth to a child. 10 days after delivery she is appointed as Veterinary Doctor and joined .Is she eligible for Maternity Leave

  • santosh

    sir what is the detail of rule 43(4)(a)?

  • u

    sir, I am going to availing maternity leave wef 2 april 2014. My leave will be completed on 1 oct 2014. I want to ask you that my increament will be given to me on 1 july 2014 or whenever I resume to duty dt on 1 oct 2014. what is the FR rule 26 b.

  • Swara

    I have availed maternity leave at the time of birth of second child. I have not taken maternity leave for 1st child. so can I take maternity leave for 3rd child.

  • ambreen

    can i take my maternity leave after 1 month of delivery because i dont want to include my summer vacation with maternity leave can it possible my expected date of delivery is 19 june and my summer vation starts from 15 june

  • My second baby expired after two months during the maternity leave, three years back and now I am pregnant , now I have only one daughter and can I AVAIL MATERNITY LEAVE for the third baby.

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