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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. My first baby expired after two months during the maternity leave due to illness. whether my maternity leave be cancelled or otherwise. Tell me if my maternity leave cancelled, in which leave my absence period will regularised, Sir please tell me with quoting rule please.

  2. 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

  3. 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.

  4. 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

  5. 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.

  6. 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.

  7. 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

  8. 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

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