The thought behind special maternity leave for women who lose their babies

All female Central government employees will be entitled to 60 days special maternity leave in case of death of a child soon after birth, according to an order issued by the Department of Personnel and Training (DoPT).

The condition for death of a child soon after birth has been defined as up to 28 days after birth, said the order issued to all Central government ministries and departments. A baby born with no signs of life at or after 28 weeks of gestation may be defined as stillbirth, the DoPT said.

The government has won praise across the country for the move, for it celebrates the mother even when there is no child to celebrate. It takes into account the fact that a woman who has undergone childbirth requires time to recuperate from the experience, that she needs time to return to work whether or not she has an infant to take care of.

More importantly, it understands the emotional trauma of losing an infant, and gives the mother some time to heal before she is expected to go back to work.

Emotional trauma 

The order said that the decision has been taken in view of the potential emotional trauma caused due to stillbirth or death of a child soon after birth. The tragedy can have a far-reaching impact on the mother’s life, it said.

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“The matter has been considered in consultation with the 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,” the government order said.

The riders

The order, however, comes with some riders. The benefit of special maternity leave shall be admissible only to those employees who have less than two surviving children. 

Also, the special leave will be granted only if the child delivery takes place in an authorised hospital. The authorised hospital is defined as government hospital or private hospital empanelled under the Central Government Health Scheme (CGHS). In case of emergency delivery in a non-empanelled private hospital, the production of an emergency certificate is mandatory, the order said.

The DoPT said it has been receiving several requests for clarification pertaining the grant of leave in such cases.

Rule relaxations

If the maternity leave has already been availed by the employee and her leave continues till the date of expiry of child soon after birth, the maternity leave already availed till death of the child may be converted into any other kind of leave available in the employee’s leave account without insisting on a medical certificate, the order further said. A special maternity leave of 60 days may be granted from the date of expiry of child soon after birth or stillbirth, it added.

If the maternity leave has not been availed, 60 days of special maternity leave may be granted from the date of expiry of child soon after birth or stillbirth, it said.

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“The order will be applicable to those government employees who are appointed to the civil services and posts in connection with the affairs of the Union of India in terms of Rule 2 of the Central Civil Services (Leave) Rules 1972. The past cases, wherever settled in respective ministries or departments, need not be reopened,” the order clarified.