Starting or growing a family is one of life's biggest transitions — and Central Government service rules provide a robust framework of leave to support employees through it. This article brings together Maternity Leave, Paternity Leave, Paternity Leave for Adoption, and Child Adoption Leave under Rules 43, 43-A, 43-AA and 43-B of the CCS (Leave) Rules, 1972, including the 2024 surrogacy provisions.
Maternity Leave — The Basics
| Particular | Detail |
|---|---|
| Duration | 180 days from the date of commencement |
| Eligibility | Female Government servant (including apprentice) with fewer than two surviving children |
| Pay during leave | Equal to pay drawn immediately before proceeding on leave |
| Debited against leave account? | No |
| Can be combined with other leave? | Yes, any kind of leave |
Maternity Leave for Miscarriage or Abortion
Separately from the 180-day leave for childbirth, a female Government servant — regardless of the number of surviving children — may be granted maternity leave not exceeding 45 days in case of miscarriage, including abortion, during her entire service, on production of a medical certificate as required under Rule 19. This 45-day entitlement is separate from, and not limited by, the "fewer than two children" condition that applies to the main 180-day maternity leave.
Extension After Maternity Leave
In continuation of the 180-day Maternity Leave, an employee may — without the usual requirement of a medical certificate for Commuted Leave or Leave Not Due — be granted leave of the kind due and admissible (including Commuted Leave up to 60 days and Leave Not Due), up to a maximum of two years, if applied for. This gives new mothers significant flexibility to extend their time away from work using accumulated or even "borrowed" leave.
Paternity Leave
| Particular | Detail |
|---|---|
| Duration | 15 days |
| Eligibility | Male Government servant (including apprentice) with fewer than two surviving children |
| Window for availing | Up to 15 days before delivery, or any time within 6 months from the date of delivery |
| Pay during leave | Equal to pay drawn immediately before proceeding on leave |
| Debited against leave account? | No |
| What if not availed within 6 months? | The leave lapses |
An important note from the rules: Paternity Leave "shall not normally be refused under any circumstances." This is unusually strong language compared to most other leave provisions, signalling that administrative convenience should not be a basis for denying this leave.
Paternity Leave for Child Adoption
A male Government servant (including an apprentice) with fewer than two surviving children, who accepts a child in pre-adoption foster care or completes a valid adoption of a child below the age of one year, may be granted 15 days of Paternity Leave, to be availed within 6 months from the date of accepting the child in foster care or the date of adoption.
Important caveat: if the pre-adoption foster care is not followed by a valid adoption, the Paternity Leave already availed gets debited from any other kind of leave available to the employee's credit. In other words, this leave is conditional on the adoption ultimately going through.
Child Adoption Leave (for Female Employees)
| Particular | Detail |
|---|---|
| Duration | 180 days, immediately after accepting the child in pre-adoption foster care or valid adoption |
| Eligibility | Female Government servant with fewer than two surviving children |
| Age of adopted child | Below 1 year at the time of foster care/adoption |
| Pay during leave | Equal to pay drawn immediately before proceeding on leave |
| Debited against leave account? | No |
Extension of Child Adoption Leave
In continuation of the 180-day Child Adoption Leave, a female Government servant on valid adoption may also be granted — if applied for — leave of the kind due and admissible (including Leave Not Due and Commuted Leave up to 60 days, without a medical certificate), for a period of up to one year, reduced by the age of the adopted child on the date of adoption.
Example: if a female employee adopts a child aged 4 months, she could potentially be granted Child Adoption Leave (180 days) followed by further leave of up to 8 months (12 months minus 4 months), subject to application and the rules governing the kinds of leave so combined.
Restriction: this extension facility is not admissible if the employee already has two surviving children at the time of adoption — even though the initial 180-day Child Adoption Leave itself also requires fewer than two surviving children as a precondition.
The 2024 Surrogacy Provisions
Vide DoPT Notification No. A-24011/21/2023-ESTT-Leave dated 18.06.2024, important clarifications were introduced for cases involving surrogacy:
| Role | Definition | Entitlement |
|---|---|---|
| Surrogate mother | The woman who bears the child on behalf of the commissioning mother | May be granted Maternity Leave of 180 days, if she is a Government servant |
| Commissioning mother | The intending mother of the child born through surrogacy | May be granted Maternity Leave of 180 days (with fewer than two surviving children), if she is a Government servant; also eligible for Child Care Leave |
| Commissioning father | The intending father of the child born through surrogacy | May be granted Paternity Leave of 15 days within 6 months from the date of delivery, if he is a Government servant with fewer than two surviving children |
Notably, where both the surrogate and the commissioning mother are Government servants, both may be granted Maternity Leave of 180 days in their respective capacities.
"Child" for the Purpose of Paternity/Adoption Leave
The rules clarify that "child," for the purposes of Paternity Leave (including for adoption), includes a child taken as a ward by the Government servant under the Guardians and Wards Act, 1890, or under the personal law applicable to the employee — provided:
- The ward lives with the Government servant and is treated as a member of the family, AND
- The Government servant has, through a special will, conferred upon the ward the same status as a natural-born child.
Practical Scenario: A Couple Both in Government Service
Shri Rajat and Smt. Pooja are both Central Government employees, expecting their first child.
- Smt. Pooja can avail 180 days of Maternity Leave starting from a date of her choosing around the expected delivery date, with full pay, not debited against her leave account.
- Shri Rajat can avail 15 days of Paternity Leave any time from 15 days before delivery up to 6 months after — for instance, he might take a few days around the delivery itself, and the remainder later when Smt. Pooja returns to work, to help with the transition.
- If Smt. Pooja wishes to extend her time at home beyond 180 days, she can apply for further leave (including Commuted Leave up to 60 days and Leave Not Due) for up to 2 years in continuation — without needing a medical certificate for these normally medical-certificate-requiring leave types.
Frequently Asked Questions (FAQ)
Q1. Is Maternity Leave available for a third child?
The 180-day Maternity Leave under Rule 43(1) is available to a female Government servant with fewer than two surviving children. The 45-day miscarriage/abortion leave under Rule 43(3), however, is available irrespective of the number of surviving children.
Q2. Can Paternity Leave be taken in parts?
The rules specify a 15-day entitlement to be availed within the window (15 days before to 6 months after delivery, or 6 months from adoption). The rules do not explicitly prohibit splitting, but employees should check with their establishment section on how splits are administratively handled.
Q3. What happens if a male employee doesn't use Paternity Leave within 6 months?
The leave is treated as lapsed — it cannot be carried forward or availed after the 6-month window from the date of delivery (or adoption, for Paternity Leave for Child Adoption).
Q4. Can a single father (through adoption) get both Paternity Leave for Adoption and any extension?
Paternity Leave for Child Adoption under Rule 43-AA is a 15-day entitlement for male Government servants. The one-year extension (reduced by the adopted child's age) under Rule 43-B applies specifically to female Government servants on Child Adoption Leave — male employees should check the latest instructions for any parallel provisions in their specific case.
Q5. Does Maternity Leave count as duty for pension and increment purposes?
Maternity Leave, Paternity Leave, Child Adoption Leave and Paternity Leave for Adoption are all paid leave at full pay and are generally treated favourably for service-continuity purposes, but employees should confirm specific treatment for pension qualifying service and increments with their establishment section based on current instructions.
Related Reading
Official Source / आधिकारिक स्रोत: Central Civil Services (Leave) Rules, 1972 — Department of Personnel & Training (DoPT). View on DoPT ↗