In this post, we will see the latest notification regarding Special Maternity Leave. This notification addresses conditions for maternity leave in case of death of a child soon after birth/stillbirth. And this leave is granted from the date of expiry of the child. It is applicable to women under the Central Government.
These conditions of special maternity leave are explained in the official notification below.
For more details on Maternity Leave, visit – Maternity Benefit Act
NO.13018/1/2021-Estt.(L)
Government of India
Ministry of Personnel, Public and Grievances & Pensions
Department of Personal & Tanning
(Estt-Leave Section)
OLD JNU Campus, New Delhi
Dated the 2nd September, 2022
OFFICE MEMORANDUM
Subject: Grant 60 days Maternity Leave in case of death of a child soon after birth/stillbirth – regarding.
This department has been receiving several reference/ queries requesting for clarification pertaining to grant of leave / maternity leave in case of death of a child soon after birth/stillbirth. The matter has been considered in consultation with the ministry of health and family welfare. keeping in view the potential emotional trauma caused due to stillbirth or death of a child soon after birth, which has a far-reaching impact on mother’s life, it has now been decided to grant a special Maternity Leave of 60 days to a female Central Government servant in case of death of a child soon after birth / stillbirth on the following conditions;
- In case a Maternity Leave has already been availed by a female Central Government servant and her leave continuous till the date of expiry of child soon after birth/ stillbirth, the maternity leave already availed till death of the child may be recovered into any other kind of leave available in her leave account without insisting for a medical certificate and a Special Maternity Leave of 60 days may be granted from the date of expiry of child soon after birth / stillbirth.
- In case the maternity leave has not been availed by a female Central Government servant, 60 days of special Maternity Leave may be granted from the date of expiry of child soon after birth / stillbirth.
- The condition for death of a child soon after may be defined as up to 28 days after birth.
- A baby with no signs of life at or after 28 weeks of gestation may be defined as stillbirth.
- The benefits of Special Maternity Leave shall be admissible only to a female Central Government servants with less than 2 surviving children and child delivery only in an authorised hospital.
- “ Autorized Hospital” is defined as government Hospital or Private Hospital empanelled under Central Government Health Scheme (CGHS). In case of emergency delivery in non-empanelled private hospital, production of emergency certificates is mandatory.
3. These orders shall be applicable to Government employees appointed to the civil service and posts in connection with the affairs of the Union of India in terms of Rule 2 of the CSE (Leave) Rules 1972 with effect from the date of issue of this O.M. the past cases, wherever settled in respective Ministries / Departments need not be reopened.