New Delhi: According to an official order of the private ministry, women employees of the central government whose children are born through surrogacy will now have the right to maternity leave.
Employees can take advantage of payment maternity up to 26 months (approximately 180 days).
The Ministry has written to all Central Government Departments about the order of the High Court of 2015 on this issue.
“All the Ministries / Departments are advised that they should make extensive publicity of their contents to the concerned officers”, the Ministry of Personnel said in their latest instructions of all the ministries and attached a copy of the order of the court.
The court’s decision came on a petition by the Kendriya Vidyalaya teacher, who was twin through surrogacy, but motherhood was refused because she was not a biological mother.
The court had said, “A woman employee, who is a commissioning mother, she will be entitled to apply for maternity leave.”
The court said that on the basis of the material kept before him, the competent authority will take a decision on time and for the period which should be given to motherhood mother to motherhood, who adopt surrogate route, the court said.
Before that, the investigation will be more detailed when a woman worker is called for a holiday, which is said to be a commissioning mother in the pre-delivery phase.
If the delivery holiday in the delivery stage is reduced, then the competent authority, a women worker, who attempts to take advantage of maternity leave in any presentation, if any will pass appropriate order in relation to the content, then the court said.
In a situation where the commissioning mother and surrogate mother are both employees, who are otherwise eligible for leave (on a land she is a commissioning mother and the other is that she is a pregnant woman), appropriate adjustment made by competent authority.