Surrogate and Commissioning Mothers Now Eligible for 180 Days of Maternity Leave : DoPT Notification

Notification has been issued by DoPT for Granting of 80 Days of Maternity Leave Surrogate and Commissioning Mothers and Commissioning father also get 15 days Paternity Leave

Surrogate and Commissioning Mothers Now Eligible for 180 Days of Maternity Leave

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department Of Personnel And Training)

NOTIFICATION

New Delhi, the 18th June, 2024

G.S.R. 331(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely: –

1.(1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.

  1. In the Central Civil Services (Leave) Rules, 1972 (hereinafter referred to as the said rules), in rule 43, after subrule (5), the following sub-rule shall be inserted, namely:-

“(6) In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are Government servants.

  1. In the said rules, in rule 43-A, after sub-rule (5), the following sub-rule shall be inserted, namely:-

“(6) In case of a child begotten through surrogacy, the commissioning father who is a male Government servant with less than two surviving children may be granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child.

  1. In the said rules, in rule 43-C, after sub-rule (7), the following sub-rule shall be inserted, namely:-

“(8) In case of surrogacy, the commissioning mother with less than two surviving children, may be granted child care leave.

Note 1:- The expression ‘commissioning mother’ shall mean the intending mother of the child born through surrogacy.
Note 2:-The expression ‘surrogate mother’ shall mean the woman who bears the child on behalf of the commissioning mother.”.
Note 3:- The expression ‘commissioning father’ in this rule shall mean the intending father of the child born through surrogacy.”.

[F.No. A-24011/21/2023-ESTT-Leave]
MANOJ KUMAR DWIVEDI, Addl. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), dated 8th April, 1972 vide number S.O. 940, dated the 15th March, 1972 and last amended vide notification number G.S.R. 374(E)dated the 15th May, 2023 published in the Gazette of India, Extraordinary, Part II, Section III, Sub-section(i), dated the 18th May, 2023.

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