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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. I am a central govt employee. My child died after 1 month. What will be the duration of maternity leave in this case

  2. can I start maternity leaves from 6th month of my pregnancy ? Is there any rule in KVS like when can we start maternity leaves.

  3. Dear Sir
    Ref: NO. AB 14017/32/2013-Estt.(RR)
    I work for a scientific autonomous body in 5400(PB-3) Grade Pay as per 6th Pay commission. In our organization promotion was on hold since 2011. Recently the promotion process resumed and I appeared for the promotion to 6600 grade pay for the year 2012. I got the promotion from January1, 2012. But as I was on maternity leave during that period i.e January 2012 and joined office on May 27th,2012 , I got a letter from the authority with effective promotion date of May 27,2012 .
    As per OM NO. AB 14017/32/2013-Estt.(RR),Dated 13.08.013 ,Government of India ,Ministry of Personnel, Public Grievances and Pensions ,Department of Personnel and Training , Maternity leave , sanctioned as per rule should be counted as minimum Residence period
    So in this context I want to know that
    1. Whether I should get the financial benefits from January 1, 2012 or from 27th May, 2012
    2. Whether for my next promotion to higher grade , maternity leave period from January 2012 to 27th may ,2012 will be taken into consideration for calculating Minimum residence Period(for 6600 grade pay) or not ? If so then whether calculation of my residency period for next higher grade should start from 1st January 2012 or 27th May, 2

  4. Hello sir,. I am a Central Government employee. On rejoining after completion of maternity leave am I eligible for taking 8 casual leaves and 2 Restricted holidays if I have not yet taken it.

  5. My boss is interpreted that the Maternity Leave can not be granted after delivery. Is this true? If not please provide the proper ruling frkm which date maternity leave should be grant.

  6. I am a central govt employee. would i be getting the benefit of 12 weeks maternity leave for my third kid as per the maternity benefit act 2016. would that be applicable for CG employees.

  7. I am working as kv teacher….I have got maternity leave for 6 months but unfortunately I delivered dead baby….I want to know about rest of my leave…..

  8. i am m.p.govt. health depa. amploy . i am 56 year old .
    i have taken two birth leave benifit .but my young child have an accidental expire . and my other girl have marride . she is settaled with our family . so i have third delewary .central govt. decleyard for third delewary leave . can I take third delevary leave benifit .Give me suggetion .

  9. I’m working for a PSU. I have already availed maternity leave for both my kids. Am i eligible for maternity leave for my third child??Both my kids are safe.

  10. I am a kV teacher and I am expecting third time.I didn’t avail maternity leave before because I joined kV after birth of two babies. Now I want to know shall I get any leave at the time of delivery.

  11. I have two children. Few days ago I suffer from miscarriage. Can I avail 45 days miscarriage leave .I work in delhi administration.

  12. Sir, Iam having two surviving minor childern prior to my appointment in railways on 06.09.2013, presently iam pregnant and what kind of leave can be availed for my thrid delivery? CCL can be taken or not? please kindly inform/reply.

  13. Hello sir, mera baby child expired after birth. Baby surviving two days. To kya mujhe maternity leave milega??.please reply.

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