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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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83 COMMENTS

  1. Respected Sir,
    My wife is a k.v.teacher,we have two children,she entered service on 01.11.2011. she availed maternity leave for our second child only. Now she is pregnant .this is her third time.can she take maternity leave? or other leaves ? what are the formalities about out third child as per rule?

  2. Respected sir/madam
    . I am postal assistant in post office. Unfortunately I have delivered a dead baby during maternity leave (03nov2015 to 30apr2016). And now I want to know that if my maternity leave will be continued or not. Please guide me.

  3. I am central government employee. I have taken maternity leave from 03nov 3016 to 30 apr2016.but unfortunately I have given birth a dead baby. And now I want to know if rest leave , I can take or not.

  4. am central govt employee. i have taken two times maternity leave but unfortunately my second child expired immediately after birth. Now i am pregnant and i want to know can i get maternity leave for my third delivery ?. As i am having one surviving child and i have availed maternity leave two times.please reply.

  5. I am central govt employee. i have taken two times maternity leave but unfortunately my second child expired immediately after birth. Now i am pregnant and i want to know can i get maternity leave for my third delivery ?. As i am having one surviving child and i have availed maternity leave two times.please reply.

  6. Whether 180 days maternity can be sanctioned by splitting 45 days then joining and again 45 days and joining and again 90 days. Please enlighten me

  7. I am working in an autonomous hospital of N CT delhi on contractual basis for last 11 months. My tenure is ending on 17. 07. 2015. Can I avail maternity leaves from 17. 07. 2015

  8. I am a government servant with two surviving children. I have not availed any maternity leave for my two kids as i was housewife at that time, but I want to have another child i.e., third child. Is there any maternity leaves for me for third child?

  9. Sir, I m in govt. Job and availing the benefit of maternity leave. But during this period can I appear in other competitive exam and appear in phd course work exams.plzz reply

  10. sir, i am working in nvs. i have 2nd time miscarriage. i have already got ist time miscarriage leave. can i get iind time miscarriage leave of 45 days

  11. My wife joined Kvs on 11-9-14. Her expected delivery date is 5 -3-15.
    She has applied for maternity leave on 13-1-15.
    Whether she will get the salary of leave period or not??

  12. My wife delivered dead baby after delivery (Full time) , so my wife will entitle for maternity leave or not. Kindly reply urgent

  13. Sir/Madam,
    My wife delivered dead baby after delivery (Full time) , so my wife will entitle for maternity leave or not. Suppose the baby dead after 15 days of delivery than lady will be entitle for maternity leave.

    Please reply, its urgent and important

  14. sir i m working in cbse private school from last 2 years, now i m 9th month pregnent, i need maternity leave ,how much month they can give me leave and how much rights i m having to take it with full salary.

  15. sir am pregnant doctor told bedrestt.my medical leave is going to end .which leave i can take .i have sub chorionic hematoma,3 months preg

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