CHAPTER XIII—MATERNITY LEAVE

Rules made by the Governor under Uttar Pradesh Fundamental Rule 101

153*. Maternity leave on full pay which a female government servant, whether permanent or temporary, may be drawing on the date or proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the following:—

(1) In cases of confinement the period of maternity leave may extend up to the end of three months from the date of the commencement of leave:

Provided that such leave shall not be granted for more than three times during the entire service including temporary service:

Provided also that if any female government servant has two or more living children, she shall not be granted maternity leave even though such leave may otherwise be admissible to her. If, however, either of the two living children of the female government servant is suffering from incurable disease or is disabled or crippled since birth or contracts some incurable disease or becomes disabled or crippled later, she may, as an exception, be granted maternity leave till one more child is born to her subject to the overall restriction that maternity leave shall not be granted for more than three times during the entire service.

Provided further that no such leave shall be admissible until a period of at least two years has elapsed from the date of expiry of the last maternity leave granted under this rule.

(2) In cases of miscarriage, including abortion, the period of maternity leave may extend up to a total period of six weeks on each occasion, irrespective of the number of surviving children of the female Government servant concerned, provided that the application for leave is supported by a certificate from the Authorised Medical Attendant:

NOTE—(1) Deleted.

NOTE—(2) In the case of a person to whom the provisions of Employees. State Insurance Act, 1948, apply, leave salary payable under this rule shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.

NOTE—(3) Abortion induced under the Medical Termination of pragnancy Act, 1971, should also be considered as a case of ‘abortion’ for the purpose of ‘granting’ ‘Maternity leave’ under this rule.

154**. Maternity leave shall not be debited against the leave account and may be combined with leave of any other kind.

NOTE—(1) Deleted.

*(This amended rule shall be deemed to have come into force at once Vide Notification No, G.4-484/X-90–216-79, dated 3-5-90.)

* This rule may be deemed to have come into force with effect from 1-7-78.

NOTE—(2) Regular leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the female government servant producing a medical certificate from the Authorised Medical Attendant to the effect that the ailing baby warrants the mother’s personal attention and that her presence at the baby’s side is absolutely necessary.

NOTE—(3) In the case of temporary government servants the leave granted under rules 153 and 154 shall not extend beyond the period the appointment is likely to last.