Surrogate & commissioning moms to get maternity leave
Pradeep Sharma
Tribune News Service
Chandigarh, June 3
The state government had clarified that the both the surrogate mother and commissioning mother are entitled to maternity leave.
The clarification by the Finance Department has come on confusion that “there is no provision for the grant of maternity leave to those taking recourse to the surrogacy route”.
“The government has decided that maternity leave will now be admissible to the commissioning mother and the surrogate mother on the same terms and conditions as prescribed to an employee who conceives,” read an order of the Finance Department.
Copies were circulated to all administrative secretaries, heads of department and DCs. According to the order, the competent authority would decide the timing and period for which leave ought to be granted.
“If commissioning mother and surrogate mother are employees, a suitable adjustment regarding grant of maternity leave at the same time or otherwise will be made by the competent authority,” read the order.
Sources said the order was the offshoot of an order of the Delhi High Court, which adjudicated that the commissioning mother was entitled to maternity leave. A petition had been filed by Rama Pandey, a teacher with Kendriya Vidyalaya.
