The Central Civil Services (Leave) Rules, 1972, offer special provisions to support women employees in balancing their professional and personal lives, especially regarding maternity, childcare, and family-related responsibilities. These rules ensure that women employees are granted adequate leave to manage health, childcare, and family obligations without compromising their careers.
Both the CCS Leave Rules and the Maternity Benefit Act deal with leave entitlements for employees in India, but they apply to different sectors and have some key differences.
| Aspect | CCS (Central Civil Services) Leave Rules | Maternity Benefit Act, 1961 |
|---|---|---|
| Applicability | Applies to Central Government employees. | Applies to women in the private sector and excludes government servants covered by other rules like CCS. |
| Maternity Leave Duration | 180 days (6 months) for the first two surviving children. 45 days for miscarriage/abortion. | 26 weeks (6.5 months) for the first two surviving children. 12 weeks for more than two children. 6 weeks for miscarriage/abortion. |
| Paternity Leave | 15 days for male Central Government employees. | No provision for paternity leave. |
| Adoption Leave | 180 days for female employees for adopting a child below 1 year. 15 days for male employees. | 12 weeks for adoptive mothers of children below 3 months of age. |
| Surrogacy Leave | Similar to adoption leave (female employees get 180 days for commissioning motherhood). | 12 weeks for commissioning mothers. |
| Salary/Pay during leave | Fully paid leave. | Fully paid leave (average daily wage of the last 3 months). |
| Additional Benefits | Covers other types of leave (earned leave, casual leave, half-pay leave, etc.). | Includes benefits like medical bonus, nursing breaks, etc. |
| Governing body | Department of Personnel and Training (DoPT). | Ministry of Labour and Employment. |
| Legal Framework | Central Civil Services (Leave) Rules, 1972. | Maternity Benefit Act, 1961 (amended in 2017). |
- CCS Leave Rules are specific to Central Government employees and offer a structured leave system (including maternity, paternity, earned, and other leaves).
- The Maternity Benefits Act focuses purely on maternity rights for women in organised sectors outside of Central Government jobs.
- Maternity leave duration is similar but not identical (26 weeks under the Maternity Act, 180 days under CCS rules).
Below are the key leave entitlements specifically designed for women Central Government employees:
- Maternity Leave
- Eligibility: Female employees with less than two surviving children.
- Duration: 180 days for childbirth. 45 days for miscarriage or abortion (can be availed twice during service).
- Full salary is paid during maternity leave.
- Adoption: If adopting a child below one year of age, 180 days of leaves are granted.
- Recent Update (2024): No further extension beyond 180 days for childbirth is permissible.
- Child Care Leave (CCL)
- Eligibility: Women employees with up to two children below 18 years of age.
- Duration: 730 days (2 years) during the entire service period.
- Purpose: For taking care of children during their exams, sickness, or any urgent requirement.
- Salary: 100% pay for the first 365 days. 80% pay for the next 365 days.
- Flexibility: Can be taken in multiple spells (minimum 5 days per spell).
- Recent Update (2024): Extended to single male parents (widowers or unmarried men).
- Paternity Leave (For Male Employees)
- Eligibility: Male employees with less than two surviving children.
- Duration: 15 days (can be availed within 6 months from the date of delivery/adoption).
- Special Maternity Leave
- Duration: 60 days.
- Purpose: In case of death of a child soon after birth or stillbirth.
- Eligibility: For women Central Government employees under service rules.
- Salary: Full pay during this leave.
- Miscarriage/Abortion Leave
- Duration: 45 days (can be availed in total twice during service).
- Salary: Full pay.
- Adoption Leave
- Eligibility: Female employees adopting a child below one year of age.
- Duration: 180 days (same as maternity leave).
- Conditions: Leave starts from the date of the adoption order.
- Leave for Surrogacy (Child Adoption through Surrogacy)
- Eligibility: Women commissioning mothers through surrogacy.
- Duration: 180 days (treated similarly to adoption leave).
- Note: The intended commissioning mother receives the same benefits as biological mothers.
- Hospital Leave
- Eligibility: Women employees engaged in hazardous occupations (Group C and D).
- Purpose: For injury, illness, or exposure to health hazards during official duties.
- Duration: As certified by an authorised medical officer.
- Half Pay Leave (HPL) and Commuted Leave
- Women employees can avail themselves of Half Pay Leave for medical needs.
- Can be commuted to full pay in case of maternity or health issues (by using two HPL days as one Commuted Leave Day).
- Extraordinary Leave (EOL)
- Can be granted when no other leave is available.
- This unpaid leave can be availed for extended maternity-related medical conditions or family care, subject to approval.
- Leave Encashment
- Maternity Leave and CCL periods are considered for Leave Encashment purposes at the time of retirement or LTC.
Important Notes:
- Maternity Leave and CCL are not debited from the Earned Leave account.
- The maximum continuous leave (including all types) should not exceed five years at a stretch.
- These leave provisions ensure job protection during and after maternity-related leaves.
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