Dear Meera,
Please find extract of the judgment recently passed by the Delhi High Court, which will help you in getting Maternity Leave.
43(1).
24. In view of the discussion above, the conclusion that I have reached is
as follows :-
(i). A female employee, who is the commissioning mother, would be
entitled to apply for maternity leave under sub-rule (1) of Rule 43.
(ii). The competent authority based on material placed before it would
decide on the timing and the period for which maternity leave ought to be
granted to a commissioning mother who adopts the surrogacy route.
WP(C) 844/2014 Page 31 of 31
(iii). The scrutiny would be keener and detailed, when leave is sought by a
female employee, who is the commissioning mother, at the pre-natal stage.
In case maternity leave is declined at the pre-natal stage, the competent
authority would pass a reasoned order having regard to the material, if any,
placed before it, by the female employee, who seeks to avail maternity
leave. In a situation where both the commissioning mother and the
surrogate mother are employees, who are otherwise eligible for leave (one
on the ground that she is a commissioning mother and the other on the
ground that she is the pregnant women), a suitable adjustment would be
made by the competent authority.
(iv). In so far as grant of leave qua post-natal period is concerned, the
competent authority would ordinarily grant such leave except where there
are substantial reasons for declining a request made in that behalf. In this
case as well, the competent authority will pass a reasoned order.
25. The writ petition is disposed of, in the aforementioned terms.
26. Parties shall, however, bear their own costs. One related link is below
http://timesofindia.indiatimes.com/india/Moms-of-surrogate-babies-can-get-maternity-leave-HC/articleshow/48120809.cms