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Maternity Leave Rules and Benefits
Maternity Leave Information
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  • Purpose: Maternity leave is granted to ensure the physical and emotional well-being of mothers during and after pregnancy.
  • Eligibility: Typically available to women employees in both government and private sectors.
  • Duration: The standard period is often 26 weeks in India, with variations based on sector-specific rules.
  • Paid Leave: In most cases, maternity leave is paid to ensure financial support during the period.
  • Additional Benefits: In some instances, provisions include extended leave for medical complications or childcare.
  • Legal Framework: Governed under the Maternity Benefit Act, 1961 in India, ensuring protection of rights.

Odisha Government Provisions

  • 👉 As per provision of sub-rule (b) of Rule 194 of the Odisha Service Code, a female Government employee can avail maternity leave for a period of 180 days.
  • 👉 The female employee can also avail additional leave as due in addition to maternity leave but must submit a medical fitness certificate while joining duty.
  • 👉 Such leave is generally sanctioned in advance to avoid any issues with drawing leave salary.
  • 👉 According to Rule 101 of the Odisha Service Code, house rent allowance is allowed to employees not provided with government accommodation up to 4 months in cases of leave extending beyond four months; however, this is not applicable during maternity leave.
  • 👉 A pregnant woman newly joining a government job can avail maternity leave immediately after joining.
  • 👉 Other leaves can be suffixed with maternity leave, provided a fitness certificate is submitted when rejoining.
  • 👉 The employee is entitled to draw leave salary during maternity leave. (Refer Finance Department O.M.37478/F dt. 01.12.2018)

CLARIFICATION AND NEW PROVISION IN 2025 (See Finance Department O.M. No. 16116 dated 30.05.2025-CLICKHERE)

  • 👉 Maternity leave can be availed from any date in between 3 months prior to EDD (Expected Due Date) or 6 months from the Date of Delivery. VERY CRUCIAL-Remember you have to choose 180 days within this period only. Consider 2 dates. (i) the exact date 3 month backs to you EDD (ii) the exact date by adding 6 month to you Date of Delivery. You have to plan in such a way that the 180 days should fall inbetween these days. Example how you will lose leave period: Suppose you applly for maternity leave after 2 month of date of delivery of your baby- You will only get 4 months of maternity leave and will lose 2 months. So apply wisely to spent total 180 days with your baby.
  • Think of maternity leave like a limited-time offer—you get 180 golden days, but only if you strategically claim them. Imagine it's a government-issued coupon for quality baby time, but there’s a catch: you must use it within a strict time window.

    You have two deadlines to watch out for: (i) 3 months before EDD (because prepping for the baby is serious work—finding the perfect name, resisting the urge to buy tiny clothes in bulk, and mastering the art of nesting). (ii) 6 months after delivery (when sleep becomes a distant memory, and your baby starts running the house like a high-ranking official).

    Now, suppose you apply for maternity leave late, say two months after delivery—big mistake! You’ll only get 4 months, meaning you lose 2 months that you could have spent convincing your newborn that night is for sleeping, not hosting 2 AM concerts.

    So, plan wisely! Use all 180 days efficiently—because let’s be honest, this is your one chance to boss around without Office Establishment questioning it.

  • 👉 A female employee is entitled to maternity leave for her second living child, regardless of the number of times she has previously availed maternity leave—including cases where previous pregnancies did not result in a living child.
  • 👉 If a female employee is on maternity leave and gets promoted, she must formally notify the appropriate authority of her joining through an official letter. She will still be entitled to utilize the remaining period of her maternity leave before resuming her new role.
  • 👉 A female employee has the flexibility to avail maternity leave either as a continuous period or in a piecemeal manner, depending on her requirements and the applicable policy provisions.
    • Example: Maternity leave in a government job is like a well-planned budget—you start by sanctioning 3 months before your Expected Due Date (EDD), meticulously preparing for the arrival of your little VIP (who, unlike your boss, never approves leave requests).

      Then, you resume duty, hoping to escape diaper duty for a bit, only to find that the real challenge isn't the baby—it’s the paperwork. Your colleagues keep asking, "When’s the treat?" while you juggle files with one hand and baby bottles with the other.

      Fast forward two months, and you realize work is a peaceful retreat compared to managing sleepless nights and an infant’s energy levels. So, you file another leave request, citing "remaining maternity leave"—which your office grants, but only after three rounds of clearance.

      Now back home, you triumphantly reclaim the last 3 months, surviving on chai, snack breaks, and unsolicited parenting advice from relatives who suddenly think they’re maternity policy experts.

  • 👉 A female employee must ensure that childbirth occurs in a government-approved medical facility to be eligible for maternity leave benefits, as per the new provisions.

Employee Rights and Benefits During Maternity Leave

While on maternity leave, employees are entitled to the following:

  • Full pay for the duration of the leave (180 days for the first two children).
  • Protection of seniority, including eligibility for promotions and increments.
  • Leave period is counted as service time for pension and retirement benefits.

🤔 Frequently Asked Questions on Maternity Leave

Q1. What is the total duration of maternity leave available to government employees?

A: As per prevailing Odisha Government rules, a female government servant is entitled to 180 days of maternity leave for the first two living children.

Q2. Can any other leave can be combined with maternity leave ?

A: Yes, maternity leave can be combined with any other kind of leave with the support of medical certificate. In Odisha Government, one can extend maternity leave for additional two(2) month without medical certificate.

Q3. Is maternity leave allowed for the third child?

A: Generally, maternity leave is allowed only for the first two children. For the third child, other leave options like earned leave may be considered.

Q4. Can maternity leave be combined with other types of leave?

A: Yes, maternity leave may be combined with other leaves such as earned leave or commuted leave, with proper approval.

Q5. Do I need to submit any documents to apply for maternity leave?

A: Yes, a medical certificate from a registered practitioner is generally required along with the application form.

Q6. Is maternity leave applicable for surrogacy cases?

A: Yes. maternity leave also applicable for surrogacy cases.

Q7. Will maternity leave affect my service benefits?

A: No. Maternity leave is treated as duty for service matters like seniority, increment, and pension etc.

Q8. Can maternity leave be extended?

A: Yes. Maternity leave can be extended by any other kind of leave available with the employee. Always prefer to submit a doctors advise while submiting for extension.

Q9. can maternity leave be taken before delivery?

A: Yes. Maternity leave can be taken before delivery

Q10. can a fresh newly appointed lady is eligible for maternity leave immediately after her joining ?

A: Yes, maternity leave can also be availed immediately after joining in Government Service. Though it has been denied in past in some cases (In the state of Rajsthan etc.) but the same has been allowed by the Supreme Court.You can contact through our mail id formatpotter@aol.com or drop a message through the contact widget appearing at right bottom of this page (don't forget to give your contact mail if submitting through contact widget "WE ARE HERE") for supporting documents in case you face difficulty in availing maternity leave in such a situation.

Q11. can a contractual employee serving under Government is eligible for maternity leave ?

A: Yes, contractual appointees are also eligible for maternity leave at par with regular employees. They are entitled for 180 days of maternity leave and such leave period will be counted for each and every service benefit treating the leave period as duty.

Maternity Leave Application

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