Procedure to apply for maternity leave in government job


I am wb govt employee . I have no children for gynecological problem . I opted child through surrogacy. Can I get maternity leave showing Delhi hc order of surrogacy maternity leave of Dopt. If yes how I can get?

Answers (2)


132 votes

Yes, mother having child through surrogacy is entitled to maternity benefit which may be pre Natal and post natal as per the order of the Honorable High Court.For that you need to make a formal application before the concerned department of your office for granting maternity leave.


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346 votes

The Maternity Benefit Act, 1961, protects the employment of women during the time of her maternity and entitles her full paid absence from work, to take care for her child.
Among other things, the bill provides for 12 weeks of maternity leave to a woman who legally adopts a child below three months of age and a commissioning mother (defined as a biological mother) who uses her egg to have a surrogate child.
In such cases, 12-week period of maternity leave will be calculated from the date the child is handed over to the adoptive or commissioning mother.
The Bill also requires every establishment with 50 or more employees to provide creche facilities within a prescribed distance. The woman will be allowed four visits to the creche in a day. This will include her interval for rest.
It has also made a provision under which an employer can permit a woman to work from home, if the nature of work assigned permits her to do so. This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.

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