Jammu: J&K women employees will now get special maternity leave of 60 days in case of “death of a child soon after birth or still-birth”, though with certain riders.
The women-friendly initiative by the J&K government came on the occasion of International Women's Day i.e., on March 8, 2023 with an amendment in the Jammu and Kashmir Civil Services (Leave) Rules, 1979.
“In exercise of the powers conferred by proviso to Article 309 of Constitution of India, the Lieutenant Governor is pleased to direct that after sub rule (1) of rule 41 of the Jammu and Kashmir Civil Services (Leave) Rules,1979, this shall be inserted as sub rule (1-a),” read a notification issued by the Finance Department on Wednesday.
Sub-rule(1-a) provides that Special Maternity Leave of 60 days may be granted to a woman employee in case of death of a child soon after birth or stillbirth on certain conditions.
The conditions have specified that in case a maternity leave has already been availed by a woman employee and her leave continues till the date of expiry of child soon after birth or stillbirth, the maternity leave already availed till death of the child may be converted into any other kind of leave available in her leave account without insisting for a medical certificate and a special maternity leave of 60 days may be granted from the date of expiry of child soon after birth or stillbirth.
“In case, the maternity leave has not been availed by a woman employee, 60 days of special maternity leave may be granted from the date of expiry of child soon after birth or stillbirth,” the amended rule provides.
As per rule, the condition for death of a child soon after birth may be defined as up to 28 days after birth while a baby born with no signs of life at or after 28 weeks of gestation may be defined as stillbirth. The benefit of special maternity leave would be admissible only to a woman employee with less than 2 surviving children.
“It shall not be debited against the leave account and may be combined with any other kind of leave. During the period of such leave, she shall be paid leave salary equal to pay drawn immediately before proceeding on leave,” it has been specified.