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Maternity and paternity benefits: provisions for government employees



Maternity Benefits:

Central Government employees (those directly under GOI) are governed by the Central Civil Service (Leave) Rules, 1972. Under the rules, female employees are entitled to maternity leave for a period of 180 days for their first two live born children. [3] During maternity leave employees will be paid equal to the pay drawn by them immediately before.

Child Care Leave:

The Sixth Central Pay Commission recommended to the Government, policies to keep women fulfill family responsibility. Thus, Child Care Leave was granted to women employees of the Central Government having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days). This can be availed during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc.

In totality, including the paid leave period, women employees can avail child care leave for a period of 3 years. All the benefits here will be admissible only in respect of their 2 eldest surviving children.

The nature of this leave has to be the same as that of earned leave. [4]


Paternity Benefits:

The Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child. He can avail this leave 15 days before or within 6 months from the date of delivery of child. If such leave is not availed within the period, it shall be treated as lapsed. [5]

For Paternity leave he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave.

Following Central Government’s move, many state governments have also implemented similar provisions for its employees. States details of some such list and the quantum of leave are listed hereunder:*

STATE
LEAVE PERIOD & CONDITIONS

Delhi

15 days before or within six months from the date of delivery of child. This benefit has also been extended to the staff of unaided public schools. [6]

Gujarat

15 days before or within 6 months from the date of delivery of child. [7]

Rajasthan

15 days before or within 6 months from the date of delivery of child. [8]

Maharashtra

15 days before or within 6 months from the date of delivery of child. [9]

Bihar

15 days before or within 6 months from the date of delivery of child. [10]

Jharkhand

15 days before or within 6 months from the date of delivery of child. Benefit will also be extended to the teachers of Burdwan Compound branch, local Arya Samaj but only to permanent employees. [11] [12]

Andhra Pradesh

15 days before or within 6 months from the date of delivery of child but will be granted to those with less than two surviving children. [13]

Himachal Pradesh

15 days before or within 6 months from the date of delivery of child. Benefit is also available to an apprentice. [14]

Karnataka

15 days before or within 6 months from the date of delivery of child. [15]

Madhya Pradesh

15 days before or within 6 months from the date of delivery of child. [16]

Meghalaya

Recommended 7 days before or within 6 months from the date of delivery of child. [17](not yet finalized)

*May not be complete list

References:

Sixth Central Pay Commission, Government of India, Ministry of Personnel, Public Grievance and Pensions, Retrieved 11th September, 2008 form GOI online via access: http://india.gov.in/govt/studies/estt.(l).pdf

Government of India, Ministry of Personnel, Public Grievances & Pensions, Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations. Retrieved 2nd December, 2008 form Government of India online via access: http://india.gov.in/govt/studies/child_care_leave_new.pdf

NotificationNo.13018/2/98-Estt. (L) Government of India, Ministry of Personnel, P.G. & Pension Grant of Paternity Leave & enhancement of the period of Maternity Leave Retrieved 16th July, 1999 from GOI online via access: persmin.gov.in/WriteData/CircularNotification/ScanDocument/leave1_maternityreg.htm

No. 13018/1/97-Estt.(L) Government of India Ministry of Personnel, P.G. & Pensions Recommendations of the Fifth Central Pay Commission relating to enhancement of quantum of MATERNITY LEAVE and to allow PATERNITY LEAVE in respect of Central Govt. Employees Retrieved 7th October,1997 from GOI online via access: persmin.gov.in/WriteData/CircularNotification/ScanDocument/leave2_maternityleave.htm

Sports, youth and cultural activities Department, Govt. of Gujarat, Enhancement of Quantum of Maternity Leave and to allow Paternity Leave Retrieved 7th October, 1997 Govt. of Gujarat online via access:sycd.gov.in/languages/eng/useful_forms.htm

Government of Rajasthan, Finance Department, Notification No. F.1. 43 (FD) Gr. 2 / 83. Retrieved 6th December, 2004 form Finance Department notification online via access: finance.rajasthan.gov.in/rules/f1(43)83-6.12.04.pdf.pdf

Government of Maharashtra, Notification No. AEO – 1098/C R 390/98/X Amendment to Indian Civil Services Rules, 1955. Retrieved 1st January, 1999 from amendment to civil service rules, 1955 notification online via access: www.maharashtra.gov.in/data/gr/english/1999/01/01/20051026145428001.pdf

The Hindu, Bihar Govt. staff to get paternity leave. Retrieved 2nd February, 2007 from The Hindu Online via access www.hindu.com/2007/02/02/stories/2007020213380300.htm

Webindia 123.com, Paternity leave introduced in Jharkhand. Retrieved 15th February, 2007 form webindia123.com online via access news.webindia123.com/news/ar_showdetails.asp?id=702150286&cat=&n_date=20070215

Paternity leave for teachers. Retrieved 1st November 2005 from Telegraph India online via access www.telegraphindia.com/1051101/asp/jharkhand/story_5422737.asp

Government of Andhra Pradesh Abstract, Public Service – Paternity Leave to Male Government Employees. Retrieved 16th September, 2005 from Government of Andhra Pradesh online via access: www.aponline.gov.in/apportal/GO/G.O.Ms.No.231.doc

Government of Himachal Pradesh, (Finance) Regulation Department, Notification No. 1l.j()15/2/97-Estt.(L) Retrieved 18th April, 1999 from Govt. of Himachal Pradesh notification online via access: www.himachal.nic.in/finance/regulations/leaverules.pdf

Accountant General, Karnataka, FAQ on Gazetted Entitlement, Retrieved 30th June, 2009 from Government of Karnataka, FAQ online via access:agkar.cag.gov.in/faq_ge.htm

Department of Public Relations, Madhya Pradesh, Paternity Leave. Retrieved 6th May, 2008 form Government of Madhya Pradesh online via access: www.mpinfo.org/mpinfonew/NewsDetails.aspx?newsid=080506N49&flag1=1

4th Meghalaya Pay Commission recommendations, Paternity Leave, pg. no. 149. Retrieved 15th December, 2008 from Meghalaya 4th Pay Commission recommendations online via access: meghalaya.nic.in/4mpc/Report-PART-I.pdf

Disclaimer: This section provides only a brief of Indian legislation and should not be considered as legal advice.

Also Check: Other Women Legislations

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