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UP Cabinet Removes 2-Year Gap Condition for Second Maternity Leave

The existing provision of 180 days of maternity leave, available twice during service, remains unchanged

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UP Cabinet Removes 2-Year Gap Condition for Second Maternity Leave

Why in News?

The Uttar Pradesh Cabinet has approved the removal of the mandatory two-year gap between the births of two children for a woman government employee to claim her second spell of maternity leave. 

The existing provision of 180 days of maternity leave, available twice during service, remains unchanged. The amendment only removes the two-year birth-gap condition, following an Allahabad High Court (Lucknow Bench) order.

Key Highlights

  • Existing entitlement: 180 days of paid maternity leave, available twice during service.
  • Children covered: The benefit applies to the first two surviving/adopted children, as per the applicable rules.
  • New change: The mandatory two-year gap between the births of two children has been removed.
  • Reason: The change follows an Allahabad High Court, Lucknow Bench ruling that maternity leave otherwise due should not be denied solely because the required two-year gap was not met.
  • Impact: Women government employees whose two children are born less than two years apart can now claim the second maternity leave, subject to other applicable conditions.

Eligibility

  • The provision applies to eligible women government employees in Uttar Pradesh.
  • Maternity leave can be availed for the first two surviving children.
  • The benefit is available twice during the employee’s service period.

Significance of the Decision

  • Maternal Health: Six months of leave provides sufficient time for physical recovery after childbirth.
  • Childcare: It allows mothers to spend more time caring for newborns during the early months.
  • Breastfeeding: The extended leave can support exclusive breastfeeding during the initial months of an infant’s life.
  • Work-Life Balance: The provision can help women manage professional responsibilities along with childcare.
  • Women’s Workforce Participation: Supportive maternity policies can help improve the retention of women in government employment.

What is Maternity Leave?

Maternity leave is a period of authorised absence from work granted to women employees around childbirth. It is intended to provide time for childbirth, post-delivery recovery and newborn care.

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