Odisha Government Maternity Leave Rules & Benefits

Maternity Leave Information

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.

Government of India Provisions

👉 As per the Maternity Benefit Act, 1961, women are entitled to 26 weeks of paid maternity leave for the first two children.
👉 For the third child onwards, the leave duration is reduced to 12 weeks.
👉 Women adopting a child below the age of 3 months or commissioning mothers (via surrogacy) are eligible for 12 weeks of maternity leave.
👉 Employers are obligated to pay full salary during maternity leave and ensure job protection under the act.
👉 Women are also entitled to 6 weeks of paid leave in cases of miscarriage or medical termination of pregnancy.

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)

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