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Women government employees are allowed maternity leave for 180 days in cases of surrogacy. Both the surrogate and the commissioning mother (with less than 2 surviving children) are entitled to this leave, if either or both of them are government servants.
You are entitled to leave from work when you are having a child. However, this differs based on certain circumstances:
If you are pregnant for the first time or you already have one child
You can claim a maximum of 26 weeks of leave if you are pregnant for the first time or if you already have one child. However, you cannot take more than 8 weeks of leave before the expected delivery date. (( Proviso, Section 5(3), The Maternity Benefit (Amendment) Act, 2017.))
If you already have 2 children
If you have 2 or more surviving children, then you can take 12 weeks of leave. For example, if a woman has 2 children already and is pregnant with her 3rd child, then she can take only 12 weeks of maternity leave. However, only 6 weeks, can be taken before delivery. (( Proviso, Section 5(3), The Maternity Benefit (Amendment) Act, 2017.))
Adopting a child/ Commissioning mother
A woman who legally adopts a child below the age of three months, or a commissioning mother, is entitled to maternity leave. The period of leave is for 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother. (( Section 5(4), The Maternity Benefit (Amendment) Act, 2017.))
A commissioning mother is also entitled to all the benefits an employee could have post the delivery of the child, except the leave involving health of mother after delivery. (( P. Geetha Vs.The Kerala Livestock Development Board Ltd. 2015 (1) KHC 165; Sadhna Agrawal Vs. State of Chhattisgarh and Ors. 2017 Lab IC 617.))
If you are suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage, abortion or tubectomy operation, you will be entitled to an additional month of leave with wages at the rate of maternity benefit. (( Section 10, The Maternity Benefit Act, 1961.) You will have to submit proof of the illness for the same.
