Govt revises 50-yr-old rule, allows staff 6-month maternity leave in case of surrogacy

Women government employees will now be allowed 180-day maternity leave in case they have children through surrogacy, according to the new Central Civil Services (Leave) (Amendment) Rules, 2024, notified by the Centre on June 18, 2024. The rules were amended after 50 years.

“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,” read the official Gazette from Ministry Of Personnel, Public Grievances and Pensions, signed by Manoj Kumar Dwivedi, additional secretary.

The commissioning mother here is the intending mother of the child born through surrogacy.

According to the notification, the amendment to the 50-year-old rule was made under ‘powers conferred by the proviso to article 309 of the Constitution’ by the President.

The rules, earlier named Central Civil Services (Leave) Rules, 1972. will be now called Central Civil Services (Leave) (Amendment) Rules, 2024 and were to come into force from June 18.

Moreover, in cases where surrogacy is involved, the commissioning father, defined as the intended father of the child born through surrogacy, will be ‘granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child.’

The Gazette also mentioned, “In case of surrogacy, the commissioning mother with less than two surviving children, may be granted child care leave.”

Before this, there were no rules for maternity leaves for government employees when a child was born through surrogacy.