Rule 43 — CCS

CCS

CHAPTER V – Special kinds of leave other than study leave 43. Maternity Leave (1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of (180 days) from the date of its commencement.
(MOF Notification No. P-11012/1/77-E-IV(A) dated 21.11.1979) (“135 days substituted by 180 days” vide DOPT Notification No. 1101 2/1/2009-Estt.(L), dated 01.12.2009).
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. NOTE :- In the case of a person to whom Employees‘ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19: (DOPT Notification No. 13018/7/94-Estt (L), dated 31.03.1995)
Provided that the maternity leave granted and availed of before the commencement of the CCS(Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
(4)
(a) Maternity leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account. (MOF Notification No. 16(3).E.IV(A)/74 dated 20.12.1974) (DOPT Notification no. 11012/1/85-Estt.(L) dated 06.06.1988)
(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. (DOPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024)
Note 2:-The expression ‘surrogate mother’ shall mean the woman who bears the child on behalf of the commissioning mother.
43-A. Paternity leave (DOPT Notification No. 13026/1/99-Estt. (L), dated 18.04.2002) (1) A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The paternity Leave may be combined with leave of any other kind. (4) The paternity leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed of within the period specified in subrule (1), such leave shall be treated as lapsed.
(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.
(DOPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024) NOTE:- the Paternity Leave shall not normally be refused under any circumstances.
Note 3:- The expression ‘commissioning father’ in this rule shall mean the intending father of the child born through surrogacy.
43-AA. Paternity Leave for Child Adoption (DOPT Notification No. 110 I2/l/2009-Estt. (L), dated 01.12.2009) (1) A male Government servant (including an apprentice) with less than two surviving children, on accepting a child in pre-adoption foster care or 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 accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Government Servant.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The Paternity Leave may be combined with leave of any other kind. (4) The Paternity Leave shall not be debited against the leave account.
-:: 36 ::- (5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
NOTE 1. — The Paternity Leave shall not normally be refused under any circumstances. NOTE 2. — "Child" for the purpose of this rule will include a child takenas ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that ofa natural born child. (DOPT Notification No. 13026/5/2011-Estt. (L), dated 04.04.2012)
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the leave already availed shall be debited from any other kind of leave available to the credit of such female Government Servant.
(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3)
(a) Child adoption leave may be combined with leave of any other kind.
(b) In continuation of the child adoption leave granted under subrule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period up to one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave.
Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.
(4) Child adoption leave shall not be debited against the leave account. NOTE.— "Child" for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a
43-B. Child Adoption Leave (DOPT Notification No. 13018/4/2004- Estt. (L), dated 31.03.2006) (1) A female Government servant, with fewer than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted child adoption leave, by an authority competent to grant leave, for a period of 180 days, immediately after accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
-:: 37 ::- member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.
(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like. (DOPT Notification No. 11020/01/2017-Estt. (L), dated 11.12.2018)
(2) For the purposes of sub-rule (1), "child" means—
(a) a child below the age of eighteen years: or
(b) an offspring of any age with a minimum disability of forty per cent as specified in the Government of India in Ministry of Social Justice and Empowerment's Notification No. 16-18/97-N 1.1, dated the 1st June, 2001. (DOPT Notification No. 13018/6/2013- Estt. (L), dated 06.06.2018)
(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:- (DOPT Notification No. 11020/01/2017-Estt. (L), dated 11.12.2018)
(i) it shall not be granted for more than three spells in a calendar year; [As a welfare measure, it has now been decided that, the leave sanctioning authorities in the Ministries or Departments under the Government of India are bestowed with the power to relax up to a maximum of three spells beyond the existing three spells of Child Care Leave in a calendar year, under Rule 43-C(3)
(i) of the CCS(Leave) Rules 1972, to female Central Government employees and single male Central Government employees in case their child is admitted in a hospital as inpatient. vide DoPT’s OM No. A-24011/5/2024-ESTT-Leave dated 29.07.2024.]
(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.
(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.
(iv) child care leave may not be granted for a period less than five days at a time. (4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred per cent of thesalary for the first three hundred and sixty-five days, and at eighty per cent of the salary for the next three hundred and sixty-five days.
43-C. Child Care Leave (DOPT Notification No. 13026/5/2011-Estt. (L), dated04.04.2012) (DOPT Notification No. 13018/4/2011-Estt. (L), dated 27.08.2011)
EXPLANATION.— Single Male Government servant' means — an -:: 38 ::- unmarried or widower or divorcee Government servant.
(5) Child care leave may be combined with leave of any other kind. (6) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including Commuted Leave not exceeding sixty days and Leave Not Due) up to a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).
(7) Child care leave shall not be debited against the leave account. (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. (DOPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024)

Rule 43 — CCS

CCS

CHAPTER V – Special kinds of leave other than study leave 43. Maternity Leave (1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of (180 days) from the date of its commencement.
(MOF Notification No. P-11012/1/77-E-IV(A) dated 21.11.1979) (“135 days substituted by 180 days” vide DOPT Notification No. 1101 2/1/2009-Estt.(L), dated 01.12.2009).
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. NOTE :- In the case of a person to whom Employees‘ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19: (DOPT Notification No. 13018/7/94-Estt (L), dated 31.03.1995)
Provided that the maternity leave granted and availed of before the commencement of the CCS(Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
(4)
(a) Maternity leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account. (MOF Notification No. 16(3).E.IV(A)/74 dated 20.12.1974) (DOPT Notification no. 11012/1/85-Estt.(L) dated 06.06.1988)
(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. (DOPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024)
Note 2:-The expression ‘surrogate mother’ shall mean the woman who bears the child on behalf of the commissioning mother.
43-A. Paternity leave (DOPT Notification No. 13026/1/99-Estt. (L), dated 18.04.2002) (1) A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The paternity Leave may be combined with leave of any other kind. (4) The paternity leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed of within the period specified in subrule (1), such leave shall be treated as lapsed.
(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.
(DOPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024) NOTE:- the Paternity Leave shall not normally be refused under any circumstances.
Note 3:- The expression ‘commissioning father’ in this rule shall mean the intending father of the child born through surrogacy.
43-AA. Paternity Leave for Child Adoption (DOPT Notification No. 110 I2/l/2009-Estt. (L), dated 01.12.2009) (1) A male Government servant (including an apprentice) with less than two surviving children, on accepting a child in pre-adoption foster care or 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 accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Government Servant.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The Paternity Leave may be combined with leave of any other kind. (4) The Paternity Leave shall not be debited against the leave account.
-:: 36 ::- (5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
NOTE 1. — The Paternity Leave shall not normally be refused under any circumstances. NOTE 2. — "Child" for the purpose of this rule will include a child takenas ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that ofa natural born child. (DOPT Notification No. 13026/5/2011-Estt. (L), dated 04.04.2012)
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the leave already availed shall be debited from any other kind of leave available to the credit of such female Government Servant.
(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3)
(a) Child adoption leave may be combined with leave of any other kind.
(b) In continuation of the child adoption leave granted under subrule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period up to one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave.
Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.
(4) Child adoption leave shall not be debited against the leave account. NOTE.— "Child" for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a
43-B. Child Adoption Leave (DOPT Notification No. 13018/4/2004- Estt. (L), dated 31.03.2006) (1) A female Government servant, with fewer than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted child adoption leave, by an authority competent to grant leave, for a period of 180 days, immediately after accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
-:: 37 ::- member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.
(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like. (DOPT Notification No. 11020/01/2017-Estt. (L), dated 11.12.2018)
(2) For the purposes of sub-rule (1), "child" means—
(a) a child below the age of eighteen years: or
(b) an offspring of any age with a minimum disability of forty per cent as specified in the Government of India in Ministry of Social Justice and Empowerment's Notification No. 16-18/97-N 1.1, dated the 1st June, 2001. (DOPT Notification No. 13018/6/2013- Estt. (L), dated 06.06.2018)
(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:- (DOPT Notification No. 11020/01/2017-Estt. (L), dated 11.12.2018)
(i) it shall not be granted for more than three spells in a calendar year; [As a welfare measure, it has now been decided that, the leave sanctioning authorities in the Ministries or Departments under the Government of India are bestowed with the power to relax up to a maximum of three spells beyond the existing three spells of Child Care Leave in a calendar year, under Rule 43-C(3)
(i) of the CCS(Leave) Rules 1972, to female Central Government employees and single male Central Government employees in case their child is admitted in a hospital as inpatient. vide DoPT’s OM No. A-24011/5/2024-ESTT-Leave dated 29.07.2024.]
(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.
(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.
(iv) child care leave may not be granted for a period less than five days at a time. (4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred per cent of thesalary for the first three hundred and sixty-five days, and at eighty per cent of the salary for the next three hundred and sixty-five days.
43-C. Child Care Leave (DOPT Notification No. 13026/5/2011-Estt. (L), dated04.04.2012) (DOPT Notification No. 13018/4/2011-Estt. (L), dated 27.08.2011)
EXPLANATION.— Single Male Government servant' means — an -:: 38 ::- unmarried or widower or divorcee Government servant.
(5) Child care leave may be combined with leave of any other kind. (6) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including Commuted Leave not exceeding sixty days and Leave Not Due) up to a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).
(7) Child care leave shall not be debited against the leave account. (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. (DOPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024)

Rule 43 — CCS

Original Rule Text

Rule 43 — CCS

Original Rule Text