Grant of 60 days Special Maternity Leave in case of death of a child soon after birth/stillbirth – DoPT issued orders on 2.9.2022
The Department of Personnel and Training (DoPT) has issued an order on September 2, 2022, granting 60 days of Special Maternity Leave in case of the unfortunate event of a child’s death soon after birth or stillbirth. This decision was made to provide some relief to the mother who goes through the emotional trauma of losing a child. The order ensures that the mother can take time off work for 60 days from the date of delivery or stillbirth and receive full pay during this period. The DoPT has taken this step to support the well-being and mental health of female employees who have faced such a devastating loss.
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Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Old JNU Campus, New Delhi
Dated the 2nd September 2022
Subject: Grant of 60 days Special Maternity Leave in case of death of a child soon after birth/stillbirth – regarding.
This Department has been receiving several references/ 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 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 the 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 continues till the date of expiry of child soon after birth/stillbirth, the maternity leave already availed till death of the child may be converted 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 birth may be defined as up to 28 days after birth.
A baby born with no signs of life at or after 28 weeks of gestation may be defined as Stillbirth.
The benefit of Special Maternity Leave shall be admissible only to a female Central Government servant with less than 2 surviving children and for child delivery only in an authorized hospital.
“Authorized Hospital” is defined as Government Hospital or Private Hospital impanelled under Central Government Health Scheme (CGHS). In case of emergency delivery in non-impanelled private hospitals, production of emergency certificate is mandatory.
3. These orders shall be applicable to Government employees appointed to the civil services and posts in connection with the affairs of the Union of India in terms of Rule 2 of the CCS (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.
Under Secretary to the Government of India
Can an employee take this leave more than once?
Yes, a female employee can avail this leave twice during her entire service period.
Who is eligible for this Special Maternity Leave?
Female employees of the Central Government who have completed at least one year of service are eligible for this Special Maternity Leave.
What is the Grant of 60 days Special Maternity Leave for Central Government Employees?
Grant of 60 days Special Maternity Leave is a leave provided to female employees of the Central Government to take care of their newborn child or adopted child.
Is the employee entitled to receive pay during this leave period?
Yes, the employee is entitled to receive full pay during her Special Maternity Leave.
When can an employee avail of this leave?
The employee can avail of this leave up to 180 days from the date of delivery or adoption of a child.
What is the procedure to apply for this leave?
The employee must submit an application along with necessary documents to the concerned authority well in advance to avail of this leave.
Are contractual employees also eligible for this leave?
No, contractual employees are not eligible for this leave. It is only applicable to regular female employees of the Central Government.