No.12012/2/2009-Estt.(Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
***
New Delhi, the 31 May, 2012.
Office Memorandum
Subject:- Grant of Child Care Leave to...
After review of the conditions for sanctioning Child Care Leave (CCL), it was decided to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit. However it was decided that CCL may not be granted in more than 3 spells in a calendar year, CCL may not be granted for less than 15 days; CCL should not
ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of
Child Care Leave to the probationer. He/she may also ensure that the period for which this
leave is sanctioned during probation is minimal.
It has also been decided to permit Child Care Leave to women employees with disabled
children up to the age of 22 years for a maximum period of 2 years (i.e. 730 days)
subject to the fulfilment of other conditions stipulated by the Government in this regard
from time to time. Disabled Child in this context means a child having a minimum disability of 40% as elaborated in Ministry of Social Justice and Empowerment's Notification No.16-18/97-NI.I, dated 1.6.2001. The Child Care Leave would be permitted only if the child is dependent on the Government Servant.
In the Government Order 1st read above, the Maternity Leave admissible to married women Government Servants was enhanced to 90 days which may be spread over from the pre-confinement rest to post-confinement recuperation at the option of the Government Employee. It was also ordered therein that the Maternity Leave will not be admissible to women Government Servants with more than three children. Further, in the Government Order 2nd read above, necessary amendments to Rule 101(a) of the Fundamental Rules were issued, based on the executive orders issued in the Government Order 1st read above. Based on the recommendation of the Tamil Nadu third pay commission and on par with Central Government Employees, orders were issued in the Government Order 3rd read above to the effect that a woman Government Servant with less than two surviving children be allowed Maternity Leave for a period of 90 days from the date of its commencement
In continuation of this Department’s letter of even number dated 24th September, 2010 on the subject mentioned above, I am directed to send herewith copy of the latest clarifications regarding Child Care Leave in respect of Central Government employees and state that the clarifications contained in this Department’s O.M.No.13018/1/2010-Estt.(I) dated 30th December, 2010 are also applicable to members of the All India Services.
Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as 'Urgent Work' but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?
Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leabe availed specifically for this purpose only should be converted.
I am directed to enclose a copy of this Department's O.M. No.14028/4/2009-Estt. (L) dated 7th September, 2010 on the subject mentioned above and to intimate that it has been decided in this Department to implement the decision of the Government, contained in the aforesaid O.M., to the members of the All India Services mutatis-mutandis, pending amendment in the All India Services (Leave) Rules, 1955.
Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations - Clarification regarding
The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances Cell/Associations etc requesting to review the decision to allow Child Care Leave (CCL) only if the employee has no E.L. at her credit.
