Harsh Kumar Mehta
Consultant In Labour Laws/hr
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Hr / Ir
As per my knowledge there is no any provision in the law specifying separate rules for woman employee who become pregnant due to surrogacy.
Hence, I strongly tell you that the above said woman is eligible to get all the benefits under the law as other women.
Six weeks of leave with wages before delivery
Six weeks of leave with wages after delivery and
extra one month of leave with wages in case of pregnancy related illness.
11th January 2016 From India, Chennai
I think you have not understood the Question, or perhaps the matter is not very clear.
The question is...
1. Who is pregnant ?? Is it the Employee herself ?? This may not be the case, as the employee is unable to bear a child, as stated in the post.
2. Whether she has arranged with some other women (a relative or someone else) who will become a SURROGATE MOTHER for her; meaning the other women will actually be carrying the Child.
I think it would be better to know the situation clearly, before jumping off the gun.
11th January 2016 From India, Delhi
12th January 2016 From India, Thiruvananthapuram
This is in case of Man also if wife is not there and he adopt the child he get the benefit.Exact case law not, aware our Friend lawyers can put light on this
12th January 2016 From India, Mumbai
I appreciate your interest and comments.
But, let the member posting the thread answer :
Who is pregnant ???
It seems the employee is taking the help of another lady who is the surrogate mother.
This can be inferred from the fact that it is stated that the female employee herself is unable to carry a child.
also, please recall the provisions of availing the maternity Benefits as per the Act.
Under the Act, a woman employee needs to be certified by a Doctor that she is pregnant.
There is no provision, TILL NOW, that this benefit can be given when another woman is pregnant, in place of the female employee !!!!
12th January 2016 From India, Delhi
Based on what the Thread Initiator mentioned, the employee is NOT THE ONE who is pregnant.
To answer the original query, there's no Law, as of today, that covers maternity leaves through surrogacy. As far as I know, it's being discussed in the parliament & a proper/formal Law would be sometime before a Law is in-place. Until then, I guess one only can utilize the various judgements........but this route is prone to interpretation.
However, individual Companies are now coming-up with their own set of HR Policies that address this situation, as also Paternity Leaves & related aspects.
The Delhi HC Judgement relates ONLY to Govt employees [read the very First line], while the present case is related to a Private sector employee.
13th January 2016 From India, Hyderabad
Thanks for your comments on this topic. Actually my friend is not pregnant. She is going to have a child with the help of a surrogate mother. She has spoken to few lawyers and they have told that it will be possible to get maternity leaves in her firm based on a recent judgement in HC.
14th January 2016 From India, Delhi
2. However, an online link of the article appeared in the times of india about six months earlier relating to judgment of one of the High Court is mentioned as follows for kind consideration of seniors:-
Moms taking surrogacy way can get maternity leave: HC <link updated to site home> ( Search On Cite | Search On Google )
3. Whether the concerned department has appealed to the Supreme Court from above decision of High Court could not be ascertained. But as a general rules even under Central Civil Services rules, no maternity benefit is available to surrogate mother.
14th January 2016 From India, Noida