Rule 43: Maternity Leave under CCS (Leave) Rules, 1972

Maternity leave is a special kind of leave available to female Government servants, including apprentices. It is intended to safeguard the health of the mother and child without compromising service continuity or pay benefits.

Key Provisions of Rule 43

1. Duration of Maternity Leave (Sub-rule 1)

• A female Government servant (including an apprentice) with less than two surviving children may be granted 180 days of maternity leave.
• This period is counted from the date of commencement of the leave.

📌 Amendment History:

• Originally 135 days.
• Enhanced to 180 days by DoPT Notification No. 11012/1/2009-Estt.(L), dated 01.12.2009.

2. Leave Salary during Maternity Leave (Sub-rule 2)

• During maternity leave, the employee is entitled to leave salary equal to the pay drawn immediately before proceeding on leave.

⚠️ Special Note:

• If the employee is covered under the Employees’ State Insurance (ESI) Act, 1948, the maternity leave salary will be reduced by the amount of ESI benefit received for the same period.

3. Maternity Leave in Case of Miscarriage/Abortion (Sub-rule 3)

• In case of miscarriage or abortion (including medical termination of pregnancy), a female Government servant (irrespective of the number of surviving children) may be granted maternity leave not exceeding 45 days in her entire service, on production of a medical certificate.

📌 Proviso:

• Leave granted/availed before CCS (Leave) Amendment Rules, 1995 will not be counted towards this 45-day limit.

4. Combination with Other Leave (Sub-rule 4)

• Maternity leave may be combined with other types of leave.
• Even if medical certificates are usually required under other leave rules (Rule 30 or Rule 31), in this case:
  • Leave due and admissible (including commuted leave up to 60 days and leave not due) may be granted.
  • Maximum period allowed in continuation of maternity leave: 2 years.

5. Debit to Leave Account (Sub-rule 5)

• Maternity leave is not debited against the employee’s leave account.
• It is a special leave benefit over and above earned leave or half-pay leave.

6. Surrogacy (Sub-rule 6, inserted via 2024 Amendment)

• In case of surrogacy:
  • Both the surrogate mother and the commissioning mother (with less than two surviving children), if they are Government servants, are entitled to 180 days maternity leave.
• Definition:
  • Surrogate mother: The woman who bears the child on behalf of the commissioning mother.

📌 Notification Reference: DoPT Notification No. A-24011/21/2023-Estt-Leave, dated 18.06.2024.

Illustrations

Illustration 1: Normal Maternity Leave

• Mrs. A (Govt. servant, 1 child already) applies for maternity leave for her second child.
• She will be eligible for 180 days leave with full pay, starting from the date she commences leave.

Illustration 2: Miscarriage

• Mrs. B suffers a miscarriage and provides a medical certificate.
• She may be granted up to 45 days maternity leave in her service (this quota is separate and specific for miscarriage/abortion).

Illustration 3: Surrogacy

• Mrs. C (a commissioning mother and Govt. servant) has opted for surrogacy.
• Both she and the surrogate mother (if also a Govt. servant) can be granted 180 days maternity leave each, subject to the two surviving children condition.

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