Govt grants 60 day special Maternity leave in case of stillbirth or newborn death

New Delhi: All central government female employees will be entitled to 60-day special maternity leave in case of stillbirth or death of an infant within a few days of birth, an order by the Department of Personnel and Training (DoPT) said.

The department had received several references or queries requesting a clarification pertaining to the grant of leave or maternity leave to an employee in case of the death of a child soon after birth or stillborn, the order said.

According to the order issued by Mr. Sunil Kumar, Under Secretary to the Government of India, the matter has been considered in consultation with the Ministry of Health and Family Welfare. Keeping in view the potential emotional trauma caused due to stillbirth or death of a child soon after birth, which has a far-reaching impact on the mother's life, it has now been decided to grant a Special Maternity Leave of 60 days to a female Central Government servant in case of death of a child soon after birth/stillbirth.

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In case a Maternity Leave has already been availed by a female Central Government servant, and her leave continues till the date of expiry of child soon after birth/stillbirth, the maternity leave already availed till death of the child may be converted into any other kind of leave available in her leave account without insisting for a medical certificate and a Special Maternity Leave of 60 days may be granted from the date of expiry of child soon after birth / Stillbirth, the order reads.

Further, in case the maternity leave has not been availed by a female Central Government servant, 60 days of Special Maternity Leave may be granted from the date of expiry of child soon after birth/ stillbirth.  

 The condition for death of a child soon after birth may be defined as up to 28 days after birth. A baby born with no signs of life at or after 28 weeks of gestation may be defined as Stillbirth, the order stated.

The benefit of Special Maternity Leave shall be admissible only to a female Central Government servant with less than 2 surviving children and for child delivery only in an authorized hospital. "Authorized Hospital" is defined as Government Hospital or Private Hospital empanelled under Central Government Health Scheme (CGHS). In case of emergency delivery in non-empanelled private hospital, production of an emergency certificate is mandatory, clarifies the order.

DoPT also added that the order shall be applicable to government employees appointed to the civil services and posts in connection with the affairs of the Union of India in terms of Rule 2 of the Central Civil Services (Leave) Rules 1972 with effect from the date of issue of this order. The past cases, wherever settled in respective Ministries/ Departments need not be reopened.

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