Section 41 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
41. Maternity Leave
[(1)] [Recast vide SRO-124 dated 17-4-1998. ] A female Government servant with less than two surviving children may be granted maternity leave by the authority competent to grant leave for a period which may extend up to [180 days] [ Substituted for "135 days" by SRO 225 of 2012 dated 11.07.2012. ] from the date of its commencement. During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave;(2)Maternity leave not exceeding six weeks may also be granted to a female Government servant (irrespective of number of surviving children) in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19;(3)A male Govt. servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.. Paternity leave shall not be debited against the leave account and may be combined with any other kind of leave (as in the case of Maternity leave). It may not normally be refused under any circumstances:Provided that a female Govt. Servant in whose case the period of [135 days] [Substituted for "96 days" by SRO 225 of 2012 dated 11.07.2012. ] of Maternity Leave has not expired on the date of issue of this notification, shall also be entitled to the Maternity leave of [180 days] [Substituted for "135 days" by SRO 225 of 2012 dated 11.07.2012. ]. Similarly Paternity leave to a male Govt. employee may also be allowed in case his wife had given birth to the child on a date not prior to [180 days] [Substituted for "135 days" by SRO 225 of 2012 dated 11.07.2012. ] from the date of issue of these orders.The aforementioned provisions shall be effective prospectively.(4)Leave in further continuation or leave granted under sub-clause (3) above may also be granted in case of illness of newly borne baby, subject to production of medical certificate to the effect, that the condition of the ailing baby warrants mother's personal attention and that her presence by the baby's side is absolutely necessary.(5)Maternity leave shall not be debited against leave account.
