Maternity leave is the paid time off that employers provide to pregnant women or new mothers for self-care and childcare.
The Maternity Benefit Act, 1961, established by the Indian Government, governs the rules for maternity leave in India. This Act grants expectant mothers paid leave from work, additional financial support for medical needs, and breaks for nursing their babies.
As per the existing rules permit child care leave for a maximum of 730 days throughout their entire service for “a female government servant and a single male government servant” to care for their two eldest surviving children. This leave can be used for various needs such as rearing, education, sickness, and other related requirements.
As per the recent amendment, female government employees can now take 180 days of maternity leave if they have children through surrogacy.
“In case of a child begotten through surrogacy, the commissioning father who is a male government servant with less than two surviving children may be granted paternity leave of 15 days within 6 months from the date of delivery of the child,” the new rules said.
According to amendments to the Central Civil Services (Leave) Rules, 1972, a “commissioning mother” (the intended mother of a child born through surrogacy) is now entitled to childcare leave. Additionally, a “commissioning father” is granted 15 days of paternity leave.
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