• UGI USER
  • Jul 25, 2024
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REVIEW OF RULE DENYING MATERNITY LEAVE FOR THIRD CHILD

Why in the news?

  • The Delhi High Court suggested the Centre reconsider Rule 43 of the Central Civil Services (Leave) Rules, which denies 180 days of maternity leave to women government employees with more than two children.
  • Court emphasized that while the two-child policy aims at population control, it must comply with Article 14 of the Constitution.

Court’s Observations

  • The Court highlighted that the two-child policy should address parents, not penalize the third child.
  • The judgment noted that innovative measures for population control should be implemented, but once a third child exists, their rights should be protected.
Source: Comptetionpedia

Case Background

  • The case involved a Delhi policewoman who sought maternity leave for her third child. Her first marriage ended in divorce, and she had two children from it.
  • The Department of Personnel & Training (DoPT) had earlier denied her leave application based on Rule 43, leading to the High Court’s review.
Provision related to Maternity Leave

Maternity Leave for Female Government Servants

  • Female government servants with less than two surviving children are eligible for 180 days of maternity leave.
  • During this period, they receive leave salary equal to the pay drawn immediately before the leave.

Leave Salary Adjustment

  • For those covered under the Employees’ State Insurance Act, 1948, the leave salary will be reduced by the benefits received under the Act for the same period.

Maternity Leave for Miscarriage or Abortion

  • Female government servants may be granted up to 45 days of maternity leave for miscarriage or abortion, irrespective of the number of surviving children, upon presenting a medical certificate as per Rule 1.