This office memorandum details clarifications regarding the enhancement of maternity leave to 135 days and the introduction of paternity leave. It specifies that male government servants with less than two surviving children are eligible for 15 days of paternity leave during their wife’s confinement. It also addresses scenarios where applications for maternity leave were pending before the enhanced period was announced, allowing for the conversion of existing leave or the grant of an additional 45 days. The orders apply to all ministries and departments of the Government of India and are issued in consultation with the Comptroller and Auditor General.
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No. 13018/2/98-Estt.(L)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,P.G.& PENSIUNG
(DEPARTMENT OF PERSONNEL & TRAINING)
NEW DELHI, 13. 16th JULY, 1999
OFFICE MEMORANDUM
SUBJECT: GRANT OF PATERNITY LEAVE & ENHANCEMENT OF THE PERIOD OF MATERNITY LEAVE – CLARIFICATION REGARDING
The undersigned is directed to refer to this Department’s O.M.No.13018/1/97-Estt.(L) dated 7.10.97 regarding the enhancement of the period of Maternity Leave to 135 days and grant of Paternity Leave of 15 days and to say that the President is pleased to decide that in partial modification of the said OM, Paternity Leave may henceforth be allowed to a male govt. servant (including an Apprentice) with less than two surviving children during the period of confinement of his wife, i.e. upto 15 days before or upto six months from the date of delivery of the child and if such leave is not availed of within this period, it shall be treated as lapsed.
- These Orders shall take effect from the date of issue.
- It has also been decided that Paternity Leave may also be allowed to a male govt. servant covered under the CCS (Leave) Rules if he had already applied for such leave within a period of 135 days of child birth under the provisions of this Department’s Orders dated the 7th October, 1997 but was not allowed the same on account of lack of receipt of said Orders in time. Paternity Leave of 15 days (in one spell) may now be allowed as a one time measure in such cases within a period of 45 days of the date of issue of this Order.
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As per Orders dated the 7th October, 1997, the enhanced period of Maternity Leave of 135 days was also to be allowed to a female govt. servant in case her Maternity Leave of 90 days had not expired as on that date. The balance of the unavailed period of Maternity Leave of 135 days in such cases may also be allowed in case a female govt. servant had applied for such leave but was not allowed the same on account of the non-receipt of the said orders in time. Maternity Leave in this type of cases may be allowed, as a one-time measure, either by conversion of leave of the kind due and admissible already availed of by the female govt. servant into Maternity Leave or by grant of another spell of maternity Leave of 45 days if applied for within a period of 45 days of issue of these Orders.
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In so far as persons serving in the Indian Audit and Accounts Department are concerned, these Orders issue in consultation with the Comptroller and Auditor General of India.
To
All Ministries/Departments of Govt. of India.
No.13018/2/98-Estt. (L) Dated the 16th July, 1999
Copy forwarded to The Comptroller & Auditor General of India (with 400 spare copies)
Copies also forwarded to:
- Registrar General, Supreme Court of India.
- Secretaries to Union Public Service Commission/Election Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/President’s Secretariat/Vice President’s Secretariat/Prime Minister’s Office/Planning Commission.
- Controller General of Accounts/Controller of Accounts, Ministry of Finance.
- Department of Personnel & Training (AIS Division/JCA/Admn. Section).
- Additional Secretary (Home), Ministry of Home Affairs.
- Joint Secretary (Union Territories), Ministry of Home Affairs.
- Secretary, National Council (Staff Side), 13-C, Feroz Shah Road, New Delhi.
- All officers/Sections of the department of Personnel & Training/Department of Administrative Reforms & Public Grievances/Department of Pension & Pensioner’s Welfare.
- Joint Secretary (Per.) Ministry of Finance, Department of Expenditure (E.V Branch) with reference to their U.O.No.782/E.V Ut.16.10.98.
- 300 Spare sets.
(1. MILSON)
DEPUTY SECRETARY TO THE GOVT. OF INDIA