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
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