• UGI USER
  • Jun 25, 2024
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REVISED MATERNITY AND PATERNITY LEAVE RULES FOR SURROGACY

Why in the news?

  • Government of India has amended Central Civil Services (Leave) Rules, 1972, to accommodate maternity and paternity leave for civil servants involved in surrogacy.
  • The new rules aim to provide equal benefits to commissioning parents involved in surrogacy, aligning with evolving family structures and reproductive choices.
Source: KBK

Key Provisions:

Maternity Leave Provisions:

  • Commissioning mothers, intending mothers using surrogacy with fewer than two surviving children, qualify for 180 days of maternity leave.
  • This applies to both the surrogate mother and the commissioning mother if either works for the government.
  • Previously, there were no provisions for maternity leave for government employees in cases of surrogacy.

Paternity and Childcare Leave:

  • Commissioning fathers, intending fathers via surrogacy with fewer than two surviving children, can take 15 days of paternity leave within six months of the child’s birth.
  • Commissioning mothers can now take childcare leave for up to 730 days during their service tenure, expanding previous eligibility limited to female and single male government servants.
About Central Civil Services (Leave) Rules, 1972

  • Departmental leave is granted to specific categories:

o   Class III and IV government servants in Survey of India engaged in field duties.

o   Seasonal staff of Posts and Telegraphs with fixed yearly duties.

  • Leave with salary during recess granted by appropriate authorities, ensuring re-employment feasibility.
  • Special cases allow extension up to eighteen months by higher authorities.
  • Leave may also be granted outside recess up to six months, based on government interests, extendable up to one year in special cases by senior officials.
  • Non-salaried departmental leave may be permitted under presidential authorization.