New Maternity Leave Rules for Government Employees in India

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The central government has recently announced significant changes to the Central Civil Services (Leave) Rules, 1972, providing enhanced maternity benefits for women government employees in India who have children through surrogacy. According to the amended rules, women government employees can now avail of 180 days of maternity leave in case they opt for surrogacy to expand their families. This update brings parity in benefits for women who choose surrogacy as a means of having children, aligning their rights with those who give birth naturally.

Additionally, the amendments also extend benefits to ‘commissioning fathers,’ allowing them to take 15 days of paternity leave within six months from the date of the child’s delivery. This move aims to support both parents in managing their new responsibilities effectively. Moreover, the ‘commissioning mother’ is now eligible for child care leave, providing further support for parents in raising their children.

The Personnel Ministry clarified the definitions of key terms, stating that a ‘surrogate mother’ refers to the woman carrying the child on behalf of the commissioning mother, while the ‘commissioning father’ is the intending father of the child born through surrogacy. These clarifications aim to ensure a clear understanding of the roles and responsibilities of each party involved in the surrogacy process.

The amended rules do not impact existing provisions that allow female and single male government servants to take up to 730 days of childcare leave during their entire service tenure. This leave can be utilized for caring for their two eldest surviving children, covering various needs such as education and sickness.

The changes, officially notified on June 18 under the Central Civil Services (Leave) (Amendment) Rules, 2024, underscore the government’s commitment to enhancing support for government employees in diverse family structures. By modernizing policies and promoting gender equality in workplace benefits, these amendments herald a positive step towards creating a more inclusive and supportive work environment for all government employees in India.