Losing a child, no matter at what stage or age is painful for a parent. And I cannot imagine the kind of devastation new parents go through when their baby is stillborn or passes away shortly after birth. The mother is not only mentally but physically affected as pregnancy and childbirth are taxing on a woman’s body. However, these factors were so far not accounted for when it came to maternity leave. But there has been a change as the Department of Personnel and Training (DoPT) has issued a notice saying that female government employees who have a stillborn child or a baby die shortly after birth must be given special leave to account for the emotional trauma of losing a baby.
All female central government employees are eligible for a special maternity leave of 60 days in the event that a child passes away soon after birth. According to the statement by the DoPT, the decision was made in consideration of the potential emotional devastation a stillbirth or the loss of a child soon after birth could bring, which would have a profound effect on the mother’s life. The DoPT reported that they have been getting a number of inquiries asking for clarity regarding the granting of leave or maternity leave in the event of a stillbirth or premature death of a child.
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The order said that keeping in mind the potential emotional devastation caused by stillbirth or the death of a child soon after birth, which has a far-reaching impact on the mother’s life, it has now been agreed upon to provide special maternity leave of 60 days to female central government officials in the event of the death of a child soon after birth/stillbirth. The DoPT stated that if a female central government employee has already taken maternity leave and her leave is still in effect on the date the child passes away or is stillborn, the remaining time off can be converted into any other type of leave that is available in her leave account without a doctor’s note, and special maternity leave of 60 days can be given starting from the day the child passes away or is declared stillborn. If the female central government employee has not taken advantage of maternity leave, she may be eligible for a special 60-day leave starting from the date of the child’s premature birth or stillbirth.
The instruction sent to all central government ministries and departments said that the term “shortly after birth” might be defined as up to 28 days. According to the DoPT, a baby born at or after 28 weeks of gestation may be deemed a stillbirth if there are no indications of life. Furthermore, it stated that the benefit of special maternity leave would only be available to female central government employees with fewer than two living children and would only be used for childbirth at an approved hospital.
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The licenced hospital is defined by the Central Government Health Scheme as either a government hospital or a private hospital (CGHS). The DoPT order said that the production of an emergency certificate is required in cases of emergency deliveries in non-panelled private hospitals. It was stated that these orders would be applicable to government employees assigned to civil services and posts in connection with the activities of the Union of India as per Rule 2 of the Central Civil Services (Leave) Rules 1972 as of the date of issuance. Lastly, it was said that old cases need not be reopened if they have already been resolved in the relevant ministries or departments.