- The Centre has notified amended Central Civil Services (Leave) Rules, 1972 allowing women government employees to take maternity leave if they have children through surrogacy.
- The changes are compared in the below table.
| Previous Rules | Amended Rules |
| No maternity leave provision for women government employees in case of surrogacy. | Women government employees can take 180 days of maternity leave for children born through surrogacy. |
| No rules for paternity leave in case of surrogacy. | Commissioning fathers (intending fathers) can take 15 days of paternity leave within six months from the date of delivery of the child. |
| Childcare leave provisions not specified for surrogacy cases. | Commissioning mothers with fewer than two surviving children may be granted childcare leave. |
| Existing rules allow female government servants and single male government servants to take child care leave for a maximum period of 730 days during the entire service. | Commissioning mothers and fathers, under the same conditions, are eligible for the new maternity and paternity leave benefits. |
| Surrogacy-related terms not defined. | “Surrogate mother” is defined as the woman bearing the child on behalf of the commissioning mother. “Commissioning father” is defined as the intending father of the child born through surrogacy. |
- In India, under the Maternity Benefit (Amendment) Act, 2017, private sector women employees are entitled to 26 weeks of paid maternity leave for the first two children, and 12 weeks for subsequent children.
- Adoption and surrogacy mothers receive 12 weeks. Up to 8 weeks can be taken pre-delivery.
- Establishments with 50+ employees must provide creche facilities, with women allowed four daily visits.
- Employees can also opt for work-from-home post-leave.
- Women are protected from dismissal due to maternity and are entitled to return to the same or a similar position. A medical bonus of Rs. 3,500 is provided if pre/post-natal care isn’t offered.
Dig Deeper: Read about the Journey of The First 1000 Days (Foundation for a Brighter Future) report highlights.
