According to a directive from the Department of Personnel and Training (DoPT), all female central government employees will be entitled to a special maternity leave of 60 days in the event that a child dies during pregnancy or soon after birth.
According to the statement, the decision was made in consideration of the potential emotional trauma a stillbirth or the death of a child soon after birth could cause, which would have a profound effect on the mother's life.
The DoPT reported that it has been receiving a number of references and inquiries asking for clarification regarding the granting of leave or maternity leave in the event of a stillbirth or premature death of a child.
"The matter has been considered in consultation with Ministry of Health and Family Welfare. Keeping in view the potential emotional trauma caused due to stillbirth or death of a child soon after birth, which has a far-reaching impact on the mother's life, it has now been decided to grant a special maternity leave of 60 days to a female central government servant in case of death of a child soon after birth/stillbirth…," it said in the order.
The maternity leave already taken up until the death of the child may be converted into any other type of leave available in her leave account without insisting on a medical certificate, and a special maternity leave of 60 days may be granted starting from the date the child expired soon after birth/stillbirth if the woman is a central government employee and has already taken maternity leave.
If a woman working for the central government has not used her maternity leave, she may be eligible for a special maternity leave of 60 days beginning on the date of the child's premature birth or stillbirth.
The order sent to all central government ministries and departments stated that the term "shortly after birth" could be defined as up to 28 days.
The DoPT stated that a baby born with no signs of life at or after 28 weeks of gestation may be considered a stillbirth.
It stated that the benefit of special maternity leave would only be available to female central government employees who had less than two living children and that childbirth would only take place in an approved hospital.
The Central Government Health Scheme defines the authorised hospital as either a government hospital or a private hospital (CGHS). The DoPT ruling said that the production of an emergency certificate is required in cases of emergency deliveries in non-panelled private hospitals.
With effect from the date of issuance of this order, it was stated that these orders shall be applicable to government employees appointed to the civil services and posts in connection with the affairs of the Union of India in accordance with Rule 2 of the Central Civil Services (Leave) Rules 1972.
The past cases need not be reopened if they have already been resolved in the relevant ministries or departments, it was added.
