A Central Government employee is eligible for maternity leave for the birth of a third child, but the duration is reduced compared to the first two children. 

The Central Government rules allow for 12 weeks of maternity leave for the third or subsequent child. For the first two children, the duration is 26 weeks. 

The Central Civil Services (Leave) Rules, 1972, outline the eligibility and duration of maternity leave for central government employees. 

The Madras High Court has addressed the issue, ruling that maternity leave cannot be denied for the third child, even if it is claimed for the first time. 

The key is that the eligibility for maternity leave for a third child is not denied, but the duration is reduced. 

Yes it’s available to central govt employees. For the 3rd and subsequent child the leave is for 12 weeks 

The Maternity Benefit Act, 1961 (as amended) grants 26 weeks of maternity leave for the first two children and 12 weeks for subsequent children 

2) The Supreme Court has ruled that maternity leave is a constitutional right, and this applies even for subsequent pregnancies,

In K. Umadevi vs The Government Of Tamil Nadu decided on 23 May, 2025, the  SC held third child is entitled to maternity benefit but that is under different circumstances. In that case, the  first marriage of mother  was dissolved and that third child was born from second husband after the mother  entered in to government service, and two children out of first marriage were in custody of first ex husband. FR 101 is categorical that only two children are entitled for maternity benefit. If there are any such circumstances, you can maternity benefit. This is the latest position of law.

You can avail Child Care Leave (CCL) for her third child if you have not utilised it for her first two children. 

Yes, as a Central Government employee, you are entitled to maternity leave for your third child. While the Central Civil Services (Leave) Rules, 1972, under Rule 43(1), grant 180 days of maternity leave for up to two surviving children, the Maternity Benefit Act, 1961 (amended in 2017), provides for 12 weeks of paid maternity leave for the third child. This Act applies to government establishments and ensures maternity benefits beyond the CCS rules. Additionally, the Supreme Court has ruled that maternity leave is a constitutional right, even for the third child, emphasizing women's reproductive rights and dignity.

Therefore, you can claim 12 weeks of maternity leave under the Maternity Benefit Act for your third child. If your leave is denied, you may seek legal recourse, citing the Supreme Court's ruling and the provisions of the Maternity Benefit Act.

Dear Client,

Duration of Maternity Leave under the Maternity Benefit Act

Under Section 5(3) of the Maternity Benefit Act, the duration of maternity leave is as follows:

• For women with fewer than two surviving children: 26 weeks.
• For women with two or more surviving children: 12 weeks

Supreme Court Ruling Affirming Maternity Leave for Third Child

In the case of K. Umadevi v. Government of Tamil Nadu 2025 INSC 781, the Supreme Court addressed the issue of maternity leave for a third child. The Court held that maternity benefits are part of a woman's reproductive rights and cannot be denied solely based on the number of existing children. The Court emphasized that the Maternity Benefit Act does not impose a cap on the number of children for which maternity benefits can be claimed, although the duration of leave is adjusted accordingly.

Is the Maternity Benefit Act applicable to Central Government Employees? Can they claim 12 weeks for the third child where CCS Rules are silent?

Yes, the Maternity Benefit Act, 1961 (as amended in 2017), is generally applicable to Central Government employees, and they can claim 12 weeks for a third child, even if the Central Civil Services (CCS) Leave Rules are silent or restrictive on this specific point.

CCS (Leave) Rules vs. MBA: Central Government employees are primarily governed by the Central Civil Services (Leave) Rules, 1972, for their leave entitlements. These rules currently provide for 180 days (approximately 26 weeks) of maternity leave.

• The "Silence" on Third Child: While the CCS Rules are sometimes interpreted to imply a two-child limit based on older government policies (often linked to population control), they are not explicitly or strongly restrictive on the third child compared to some state rules like Tamil Nadu's FR 101(a) that was challenged. Even if they are silent or implicitly restrictive, the Supreme Court's Umadevi judgment changes the landscape.

In essence, the recent Supreme Court judgment has significantly strengthened the position of women employees (including Central Government employees) by reiterating that maternity leave is a fundamental right tied to reproductive choices and that the Maternity Benefit Act limits duration for the third child, but does not deny the leave altogether. This should guide all government policies and interpretations of statutes.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Sir/Madam, 

The CCS rules are to be read in conjunction of the suprme court ruling and accordingly, the maternity leave of 12 weeks for third child would be applicable.