Maternity Leave Rules in Odisha: Duration, Sanction & Surrogacy
Based on: Rule 194 of Orissa Service Code, Finance Department Office Memorandum No. 51856/F dtd. 07.12.2011, Finance Department Office Memorandum No. 17372/F dtd. 11.10.2016, Finance Department Office Memorandum No. 37478/F dtd. 01.12.2018, Finance Department Office Memorandum No. 27334/F dtd. 26.09.2024, Finance Department Office Memorandum No. 16116/F dtd. 30.04.2025
Situation
Your office has received a maternity leave application from a female employee, but there is confusion over how much leave can be granted, who has the authority to sanction it, and how to process the pay fixation during her absence. Whether she is applying before delivery, has recently joined service after giving birth, or is attaining parenthood via surrogacy, you must apply the correct rules to avoid delaying her salary.
The short answer
A female State Government employee with fewer than two surviving children is eligible for up to 180 days of maternity leave. This leave must be sanctioned by her Head of Office before she proceeds on leave so that her leave salary (equal to her regular pay) can be drawn and disbursed monthly. Maternity leave benefits also extend to surrogacy cases and are subject to specific limits in the unfortunate event of miscarriage, stillbirth, or infant death.
What the rule actually says
According to Finance Department Office Memorandum No. 51856/F dated 07.12.2011, which amended Rule 194(b) of the Orissa Service Code:
"The existing ceiling of 90 days maternity leave provided under sub-rule (b) of Rule 194 of Orissa Service Code is enhanced to 180 days."
Furthermore, as per Finance Department Office Memorandum No. 37478/F dated 01.12.2018, under Rule 194(c) of the Orissa Service Code:
"leave salary during such leave shall be equal to the pay drawn by the Government servant concerned at the time of taking leave... sanction of leave should invariably be made before the female Government employee proceeds on maternity leave. Further, leave salary as due should be drawn on sanction of leave."
To clarify who can approve this, Finance Department Office Memorandum No. 17372/F dated 11.10.2016 confirms that the Head of Office is fully competent to grant this enhanced maternity leave of 180 days to female employees working under their administrative control.
Additionally, under Finance Department Office Memorandum No. 16116/F dated 30.04.2025, female employees can avail of maternity leave starting up to three months before the Expected Date of Delivery (EDD) and up to six months after the date of delivery. If a woman joins government service after childbirth, she is eligible for maternity leave until her child completes six months of age, though the total leave period will be fewer than 180 days.
Finally, Finance Department Office Memorandum No. 27334/F dated 26.09.2024 extends 180 days of maternity leave to female employees with fewer than two surviving children who become either "Surrogate Mothers" or "Commissioning Mothers" through surrogacy.
How it works in practice
The duration, authority, and eligibility conditions depend on the specific circumstances of the employee:
| Scenario / Employee Type | Maximum Leave Admissible | Sanctioning Authority | Key Conditions / Timeline |
|---|---|---|---|
| Regular Female Employee (Standard pregnancy) | 180 days | Head of Office | Can start up to 3 months before EDD; must end within 6 months of delivery. Allowed only if she has fewer than 2 surviving children. |
| Joined service after childbirth | Less than 180 days (restricted) | Head of Office | Only admissible until the child completes 6 months of age. |
| Surrogate Mother (Surrogacy) | 180 days | Head of Office | Must have fewer than 2 surviving children. Requires a surrogacy agreement and supporting medical certificates. |
| Commissioning Mother (Surrogacy) | 180 days | Head of Office | Must have fewer than 2 surviving children. Requires a surrogacy agreement and medical papers. |
| Commissioning Father (Paternity Leave) | 15 days | Head of Office | Must be biological father with fewer than 2 surviving children. Must be availed within 6 months of delivery. |
Worked Example of Joining After Delivery
An employee's child is born on 01.04.2024. The child completes six months of age on 26.09.2024. If she joins Government service on 19.06.2024 and applies for maternity leave, she is eligible for leave only from 20.06.2024 to 26.09.2024, which equals 99 days.
Rules on Miscarriage, Stillbirth, or Infant Death
In the unfortunate event of pregnancy loss or infant demise, the leave is restricted as follows: * Miscarriage or Stillbirth (occurring after 28 weeks or more of pregnancy), or if the child dies within 28 days of birth: Maternity leave is admissible up to 42 days from the day following the miscarriage, stillbirth, or death. * Child dies between 29 days and 120 days of birth: Maternity leave is restricted to 14 days from the day following the child's death. * Child dies after 120 days of birth (and while the mother is on leave): Maternity leave continues up to 14 days after the death, or until the end of the sanctioned leave, whichever is earlier.
Where people get this wrong
- Delaying Sanction Until Rejoining: A major pain point is waiting for the employee to return to duty before officially sanctioning the leave. This violates OM No. 37478/F. The Head of Office must sanction the leave prior to her departure so she can draw her monthly salary.
- Miscalculating Joining-After-Birth Leave: Offices often mistakenly grant a full 180 days of leave to an employee who joined service after giving birth. Her leave is strictly capped and must end on the day the child turns six months old.
- Failing to Verify Surrogacy Documentation: To claim surrogacy-based leave (maternity or paternity), the employee must submit the formal surrogacy agreement between the Surrogate Mother and Commissioning Parents, along with medical documents from registered doctors or hospitals. Self-declarations alone are not valid.
- Two-Child Limit Ignored: For surrogacy-related maternity or paternity leave, the applicant must have fewer than two surviving children. This check must be performed prior to sanction. Note that if both the Surrogate Mother and Commissioning Mother are State Government employees, both are independently eligible for 180 days of leave, provided they meet the surviving-children criterion.
Ensure that all maternity leave entries are correctly recorded in the Service Book. Make sure the bill section receives the pre-sanctioned leave order timely so that the employee does not face financial hardship during her period of absence.