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Madhava T V   02 March 2024

Maternity leave for third child

Sir, my friend is a central government employee and she had 2 children for both maternity leave availed. One child died after 5 years. Now she gave birth to a third child. But since this is the second living child, whether she is eligible for maternity leave? Officer rejected application stating for first 2 children, maternity leave availed. Hence not eligible now. Whether it is right? Kindly guide. 


 7 Replies

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

Maternity leave available to working women has been increased from 12 weeks to 26 weeks for the first two children.

  • Maternity leave for third child onwards will continue to be 12 weeks.
  • Maternity leave of 12 weeks is required to be made available to mothers adopting a child below the age of three months as well as to the 'commissioning mother'.

When a woman already has two children, the maternity leave is only 12 weeks for the third and subsequent children. 

This duration was increased in the amendment to the Maternity Benefit Act 2017

kavksatyanarayana (subregistrar/supdt.(retired))     02 March 2024

Yes.  As per the amendment of the Maternity Benefit Act, 2017 all women are eligible to take a 26-week maternity leave. They can take maternity leave from 8 weeks before the delivery date and take the rest 18 weeks after delivery.

Dr. J C Vashista (Advocate )     03 March 2024

Very well analysed, opined and advised by experts, I endorse.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 March 2024

As this is second living child she is eligible for maternity leave. Have you properly represented the facts to the concerned authorities?

Sudhir Kumar, Advocate (Advocate)     03 March 2024

Maternity Benefit Ac doe sno apply to Cenral Govt servants.



as per CCS(Leave) Rules she is entitled.


[CCS Leave Rule – 43 (1)] A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a continuous periodnot exceeding 180 days (in each occasion)

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 March 2024

Strictly applying the rule as stated above the lady here should be eligible for maternity leave. The word "surviving" is pertinent here.

Sudhir Kumar, Advocate (Advocate)     05 March 2024

whether the application hs bene rejected in writing.  in such case she can move to CAT after submttng detailed presensentation to Head of Office.

feel free to contact.

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