Sikkim government announces 180-day maternity leave with 60-day pre-delivery option, introduces 180-day child care leave

The Government of Sikkim has announced new amendments to the Sikkim Government Service (Leave) Rules, 1982, aimed at improving maternity and child care benefits for female government servants. The amendments, which were issued through a notification by the Department of Personnel, will come into effect immediately.

Under the revised rules, female government employees are entitled to maternity leave on full pay for a period of up to 180 days, of which no more than 60 days can be availed before the expected date of delivery. The notification clarifies that this leave will be granted by the competent authority.

The government has also introduced Rule 21A, which grants Child Care Leave (CCL) for up to 180 days to female employees with children below 18 years of age. This leave can be availed to take care of children’s needs, including examinations and sickness. The key features of the CCL include:

- Full pay during the leave period, equivalent to the salary drawn before proceeding on leave.

- CCL will not be debited from any other leave account and can be combined with other types of leave.

- The leave can be taken in up to three spells until the child turns 18.

This amendment builds upon a previous notification issued on September 16, 2022, which extended maternity leave to 365 days for certain female employees under specific conditions. The 2022 amendment allowed female employees to avail 365 days of leave if their maternity leave began before the new rules took effect or if their child had not yet reached 12 months of age.

The new amendment to maternity leave regulations has not enhanced the total leave duration. Instead, it partitions the existing maternity leave into two parts: 180 days of traditional maternity leave and 180 days of child care leave. This clarification comes from Rinzing Chewang Bhutia, the DOP secretary, who stated that the decision to divide the leave was made in response to numerous employee representations.

Despite some media outlets, particularly digital media, portraying this change as an enhancement, the secretary clarified that there is no actual increase in the overall leave entitlement.