Regulation 40 - Maternity leave - Securities And Exchange Board Of India (Employees' Service) Regulations, 2001

Maternity leave 40. (1) Maternity leave, which shall be on leave pay, may be granted to a female employee upto a period of 180 days on full pay at a time and not more than 360 days during the entire period of service. (2) Female employees undergoing hysterectomy operation may also claim maternity leave for a period not exceeding 20 days (including stay in hospital) within the overall ceiling of 360 days. (3) Leave not exceeding 45 days may be granted to a female employee during the entire service of the female employee in case of miscarriage including abortion on production of medical certificate within the overall ceiling of 360 days. (4) A competent authority may grant leave of any other kind admissible to the female employee in combination with, or in continuation of maternity leave if the request for its grant is supported by requisite medical certificate. 1 [ (5) A commissioning mother having less than two surviving children, who commissions a child through the applicable legal process, may be granted maternity leave for a period not exceeding 180 days within the overall admissibility of 360 days of maternity leave. Explanation 1 . - A commissioning mother has been defined in section 3(ba) of the Maternity Benefit Act, 1961 (53 of 1961) as a biological mother who uses her egg to create an embryo implanted in any other woman . Explanation 2. - For the purpose of this sub-regulation, the period of maternity leave shall be calculated from the date the custody of the child is given to the commissioning mother. (6) A female employee with less than two surviving children, on adoption of a child below the age of one year in accordance with the applicable law, may be granted maternity leave for a period of 180 days within the overall admissibility of 360 days of maternity leave, from the date the custody of the child is given to her. Provided that the employee furnishes to the Board, the adoption deed or any other document as may be sought by the Board. ] ************** NOTES:- 1. Inserted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022