SEBI grants 15 days paternity leave for surrogacy to employees with fewer than 2 surviving children
- Blog|News|Company Law|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 4 January, 2023
Notification No. SEBI/LAD-NRO/GN/2022/111, Dated 30.12.2022
The SEBI has notified the SEBI (Employees’ Service) (Third Amendment) Regulations, 2022. An amendment has been made to regulations 40, 40A of the SEBI (Employees’ Service) Regulations, 2001. A new sub-regulation has been inserted which states that Paternity Leave for a period of 15 days may also be granted to a male employee with less than two surviving children in a case where fatherhood is a result of surrogacy, within 6 months from the day the custody of the child is given to him.
Further, new sub-regulations 5 & 6 have been inserted to the existing regulation 40 i.e ‘Maternity Leave’ of the SEBI (Employees’ Service) Regulations, 2001.
A new sub-regulation 5 states that a commissioning mother having less than 2 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.
A “commissioning mother” has been defined in section 3(ba) of the Maternity Benefit Act, 1961 as a biological mother who uses her egg to create an embryo implanted in any other woman.
For the purpose of this regulation, the period of maternity leave shall be calculated from the date the custody of the child is given to the commissioning mother.
Whereas, a new sub-regulation 6 states that a female employee with less than two surviving children, on adoption of a child below the age of one year, 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. The only condition is that the employee furnishes to the Board, the adoption deed or any other document as may be sought by the Board.
Earlier, no such regulations were there.
Click Here To Read The Full Notification
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Informative post on SEBI’s new paternity leave policy for surrogacy! Your coverage of this important change and its implications is very helpful.