Paternity Maternity Leave Rules DoPT

  • Paternity Leave Rules
  • Paternity leave rules for child adoption
  • Maternity Leave Rules
  • Maternity leave- Terms and Conditions
  • Leave rules for a female member of service on the adoption of a child
  • Child adoption leave-Terms and Conditions
  • The Department of Personnel & Training (DoPT) is the coordinating agency of the Central Government in matters relating to recruitment, posting/transfers, policy formation, regulations, and more. 

    Some of the organizations under DoPT are:

    • Union Public Service Commission
    • Central Administrative Tribunal
    • Central Information Commission
    • Central Vigilance Commission
    • Lokpal 

    The Central government has made rules in regard to paternity leave for DoPT by referring to the All India Services Act, 1951, leave rules, 1955, and consulting with the state governments.

    Paternity Leave Rules

    A male government employee along a probationer, with less than two surviving children, may be granted paternity leave for a period of 15 days, during the confinement of his wife for delivery, i.e. up to 15 days before, or up to six months from the date of delivery of the newborn baby. Such leaves can only be granted by a competent authority. 

    During the period of 15 days, a male employee shall be eligible for the paid leave salary equal to the pay drawn immediately before proceeding on leave. 

    A male employees can club paternity leave with any other kind of leave. However, paternity leave shall not be deducted from the leave balance. 

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    In case of paternity leave is not availed of within the period specified in the sub-rule, such leave shall be treated as lapsed.  

    Important Information: The paternity leave shall not be refused under any circumstances.

    Paternity leave rules for child adoption

    A male staff member of the Service, including a probationer, with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days, within a period of six months from the date of adoption of a child. Such leaves can only be granted by a competent authority, provided that paternity leave shall not be denied under any circumstances. 

    During the period of paternity leave, a male employee shall be eligible for the paid leave salary equal to the pay drawn immediately before proceeding on leave. 

    An employee may combine paternity leave with leave of any other kind and it will not be deducted from his leave account. 

    In case of paternity leave is not availed of within the specified period of time sub-rule shall be treated as lapsed.  

    The Department of Personnel & Training (DoPT) is the coordinating agency of the Central Government that helps determine policies for the maintenance of the integrity of public services. The department also assists in activities of various ministries/departments relating to recruitment, transfers, training policy formation, regulations of service, and more.

    Various constitutional/statutory organizations, attached offices, and other autonomous bodies come under the Department of Personnel & Training. DoPT also partakes in administrative vigilance, staff welfare, the Central Bureau of Investigation, and more.

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    Some of the Constitutional/statutory organizations under DoPT are:

    • Union Public Service Commission
    • Central Vigilance Commission
    • Central Information Commission
    • Central Administrative Tribunal
    • Lokpal

    Maternity Leave Rules

    The Central government has made rules concerning maternity leave for government servants working under the Department of Personnel & Training (DoPT), keeping in mind the leave rules 1955, the All India Services Act, 1951, and after reviewing it with the officials of state governments.

    Maternity leave in DoPT for a female government employee (including an apprentice) may be permitted in the service with less than two surviving children on a full pay scale up to a period of 180 days from the date of its commencement. During the said period, the female employee shall be paid a leave salary equal to the pay drawn instantly before get going on leave.

    Maternity leave- Terms and Conditions

    • Maternity leave shall not be deducted from the employee’s leave account.
    • Maternity leave can be combined with leave of other kinds, such as sick leave, vacation leave, etc. Despite the requirement of a medical certificate as per rules 13 and 14 of the leave policy for the leaves of the kind due and admissible (including commuted leave for not more than 60 days and leave not due) up to a maximum of two years, may if requested for by a female pregnant employee, be allowed in continuation of maternity leave permitted under sub-rule (1).

    Note: Maternity leave may be allowed in cases of miscarriage, including abortion, depending that the leaves applied for do not exceed six weeks and the application for leave is supported by a medical certificate as mentioned in Rule 19.

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    Leave rules for a female member of service on the adoption of a child

    A female staff of the service with less than two surviving children, on valid adoption of a child aged less than one year, can be permitted child adoption leave for up to 180 days immediately after the date of such adoption takes place.

    However, in the event that a member of the service already has two or more surviving children, the child adoption leave shall not be admissible at the time of adoption.

    Child adoption leave-Terms and Conditions

    1. During the period of child adoption leave, the concerned female government employee shall be paid leave salary equal to the pay drawn immediately before heading on leave.
    2. Child adoption leave shall not be charged from the employee’s leave balance account.
    3. Child adoption leave can also be clubbed with leaves of any other kind.
    4. As per child adoption leave permitted under sub-rule(1), a female member of the service on a valid adoption of a child, if applicable, may also be allowed leave of the kind due and admissible (including leave not due in addition to commuted leave not exceeding 60 days). For such time period and in a manner as may be specified here under, namely-

    a) If the adopted child is less than one month old on the date of adoption, child adoption leave for up to one year may be allowed,

    b) If the adopted child is six months of age and above but less than seven months, child adoption leave for up to six months may be granted,

    c) If the adopted child is nine months old and above but less than ten months, child adoption leave for up to three months may be permitted.

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