180 days maternity leave in surrogacy cases - Maharashtra

Maharashtra first state to grant 180 days maternity leave in surrogacy cases 

Maharashtra will be the first state in the country where women employees in government jobs can avail up to 180 days’ maternity leave while having a baby through surrogacy. 

While several courts across the country have in recent months ordered that such leave be granted in specific cases, the state government is the first to issue a government resolution to the effect. 

The women employees will have to apply in advance to the authority concerned who will decide on the applications. The women employees will need to furnish certificates provided by the authorities according to the surrogacy guidelines of the Indian Council of Medical Research. 

The leaves will be applicable from the date of the child’s birth and will be granted only once in the employee’s tenure of service. All employees working in the state’s educational institutions and universities can also avail this benefit. 

The existing maternity leave rules provide for 180 days’ maternity leave to pregnant women and 90 days for women adopting children. The Bombay High Court had ruled last year that even a mother having a child through surrogacy was entitled to maternity leave.