This kind of leave is admissible to the female government servants for the purpose of delivery of a child or for the purpose of abortions. The rules do not make any distinction on account of marital status of the female.Therefore, even unmarried female government servants are also entitled to this kind of leave.
●Maternity leave for delivery:
As stated above, Maternity leave is admissible for two purposes:
For delivering a child; and
For abortions.
The condition for the grant of delivering a child is that the female government servant must not be having more than one surviving child at the time of commencement of this leave.
How do you interpret this condition?
Many of us do feel that this kind of special leave can be availed only twice by a female government servant. But this is not true. A female government servant can avail this leave any number of times or she may be able to avail it only once.
There is no restriction as to how many time this can be availed. The condition is only with regard to the surviving children at the time of commencement of leave. It may happen in a particular case that a female government servant might have availed this leave twice but a child delivered by her might have not survived. Thus, she can avail maternity leave for the third time also.
On the other hand, a female government servant might deliver twins at the time of her first delivery and both of them may survive. She can not avail maternity leave for delivery second time because she will be having more than one surviving children and the condition will not be fulfilled.
The quantum of Maternity leave for delivering a child is 135 days from the date of commencement of leave.
The delivering mother can combine this special leave with other regular/ordinary kinds of leave which may be due and admissible to her. You may recall that at the time of our discussions on Commuted leave and on Leave Not Due, we had remarked on Maternity Leave.
Generally, both these kinds of leave are granted to a government servant on the production of Medical certificate. However, both these contain an exception that these can be granted without the production of medical certificate, if these or either of these are/is required in continuation of maternity leave. Maximum limit for the grant of Commuted leave in continuation of maternity leave is 60 days(equal to 120 days Half-Pay leave) under this provision whereas there is no such limit for the grant of Leave Not Due. If the delivering mother is a permanent government servant, she can take Leave Not Due for any period but when combined with other kinds, total period of leave should not exceed one year. One year period does not include the period of Maternity leave.
●For abortions :
Maternity leave is admissible not only for delivering a child. It is also admissible to female government servants for abortions.
Abortions include miscarriages, induced abortions under Medical Termination of Pregnancy Act. But these do not include threatened abortions. The leave is to be sanctioned only after the production of medical certificate by female government servants. Grant of this leave does not have any condition as to the number of surviving children. Therefore, this leave is admissible irrespective of the number of children that female government servant may be having on the date of commencement of this leave.
The quantum of Maternity Leave for abortions is 45 days during the entire service of the female government servant. She can avail it in more or any number of spells. While counting 45 days, any period of maternity leave for abortions, which might have been availed by the female government servant prior to 16-6-94, will not count.
Alternatively, we can say that female government servants who were in service on 166-94 or those who join government service after 16-6-94, are entitled to 45 days of maternity leave for abortions. Maternity leave for this purpose can be combined with any other kind of regular leave. However, the facility of availing Commuted leave or that of Leave Not Due without the production of medical certificate is not available in these cases.
Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Maternity Leave and Paternity Leave to central Govt. employees are explained here under.
Maternity Leave for Giving BirthA 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.
●For adoption of a child:
In our foregoing discussions, we have seen that Maternity leave is admissible for pregnancy/delivery as well as for abortions. Leave Rules also take care of the requirement of leave by adoptive mothers i.e. female government servants who want to adopt a child. If a female government servant does not have more than one surviving child and wants to adopt a child of less than one year old, she can take leave of the kind due and admissible up to one year.
Thus two conditions must be satisfied on the date of adoption of a child:
◆The female government servant should not have more that one surviving child; and
◆The age of the child to be adopted should be of less than one year.
If both the conditions are satisfied, the adoptive mother will be entitled to leave of the kind due and admissible for a period by which the age of the child falls short of one year.
The facility of this leave up to one year is the same as is for delivering mothers. Here also, if the female government servant wants to avail commuted leave up to 60 days or Leave Not Due, that will be granted without the production of medical certificate. If it is otherwise due and admissible.
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.
●Leave salary :
Maternity leave – may be for pregnancy or for abortions, is not to be debited to the leave account of the female government servants. An entry only is required to be made in the service records. Maternity leave carries leave salary as is admissible on Earned Leave i.e. salary equal to the ‘pay’ drawn immediately before proceeding on leave. If any compensation for the corresponding period is payable under Employees’ State Insurance Act, 1948, leave salary so payable is to be reduced by the amount of compensation. Compensation payable for the period intervening with the Maternity leave is only to be reduced. If any compensation extends beyond the period of Maternity leave, that is not to be adjusted against the leave salary. For any leave in continuation or combination with Maternity leave or for leave granted to adoptive mothers, leave salary will be paid according to the kind of leave applied for and sanctioned.
◆Do Yourself:
Strike out the odd one from the alternatives given in italics:
1. Maternity leave is admissible up to one/two children.
2. If twins were born during first delivery and both are surviving, maternity leave is admissible/not admissible for the 2nd delivery.
3. Maternity leave carries leave salary equal to that of leave salary payable on Earned Leave/Half-Pay leave.
4. Maternity leave is admissible/not admissible for abortions.
5. Commuted leave can be/cannot be prefixed to maternity leave without medical certificate.
CCS Leave Rule – 43 (4) (a) -
CCS Leave Rule – 43 (4) (b) -
CCS Leave Rule – 43 (5) -Maternity leave shall not be debited against the leave account.
Presented by : Adhyapak ki Soch
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