DOPT Order regarding Child Care Leave

Government of India has published various orders in various duration regarding that the major issue of Child Care Leave for Central Government Women Employees… We have reproduced the selective orders and given for your convenient…

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Recommendations of the Sixth Central Pay Commission relating to enhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employees.
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No.13018/2/2008-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

New Delhi, the 11th September, 2008.

OFFICE MEMORANDUM

Subject:  Recommendations of the Sixth Central Pay Commission relating to enhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employees.

Consequent upon the decisions taken by the Government on the recommendations of the Sixth Central Pay Commission relating to Maternity Leave and Child Care Leave, the President is pleased to decide that the existing provisions of the Central Civil Services (Leave) Rules, 1972 will be treated as modified as follows in respect of civilian employees of the Central Government-

(a) The existing ceiling of 135 days Maternity Leave provided in Rule 43(1) of Central Civil Services (Leave) Rules, 1972 shall be enhanced to 180 days.

(b) Leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) that can be granted in continuation with Maternity Leave provided in Rule 43(4)(b) shall be increased to 2 years.

(c) Women employees having minor children may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older. During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It may be availed of in more than one spell. Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate). It may be combined with leave of the kind due and admissible.

2. These orders shall take effect from 1st September, 2008.

3. In view of paragraph 2 above, a women employee in whose case the period of 135 days of maternity leave has not expired on the said date shall also be entitled to the maternity leave of 180 days.

4. Formal amendments to the Central Civil Services (Leave) Rules, 1972 are being issued separately.

5. In-so-far as persons serving in the Indian Audit & Accounts Departments are concerned, these orders are issue in consultation with the Comptroller & Auditor General of India.

6. Hindi version will follow.

(SIMMI R. NAKRA)
Director (P&A)

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Grant of Child Care Leave to women Government employees –
Clarification – Regarding

13018/2/2008-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
New Delhi, the 29th September, 2008.

OFFICE MEMORANDUM

Subject- Grant of Child Care Leave to women Government employees – Clarification – Regarding.

The undersigned is directed to refer to para 1(c) of this Department’s O.M. of even number dated 11th September, 2008 according to which Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc. The question as to whether child care leave would be admissible for the third child below the age of 18 years and the procedure for grant of child care leave have been under consideration in this Department, and it has now been decided as follows:

(i) Child Care Leave shall be admissible for two eldest surviving children only.
(ii) The leave account for child care leave shall be maintained in the pro forma enclosed, and it shall be kept alongwith the Service Book of the Government servant concerned.

(Simmi R. Nakra)
Director (P&A)

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Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission – clarification regarding.

13018/2/2008-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

New Delhi dated the 18th November, 2008.

OFFICE MEMORANDUM

Subject: Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission – clarification regarding.

The order regarding introduction of Child Care leave (CCL) in respect of Central Government employees were issued vide this Department’s O.M. of even number dated 11th September, 2008. Subsequently, clarification in this regard were also issued vide O.M. dated 29th September, 2008.

2. Consequent upon the implementation of orders relating to Child Care Leave, references has been received from various sections regarding the procedure for grant of this leave etc. In this connection, it is mentioned that the intention of the Pay Commission in recommending Child Care Leave for women employees was to facilitate women employees to take care of their children at the time of need. However, this does not mean that CCL should disrupt the functioning of Central Government offices. The nature of this leave was envisaged to be the same as that of earned leave. Accordingly, while maintaining the spirit of Pay Commission’s recommendations intact and also harmonizing the smooth functioning of the offices, the following clarifications are issued in consultation with the Department of Expenditure (Implementation Cell) with regard to Child Care Leave for Central Government employees:

i) CCL cannot be demanded as a matter of right. Under no circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority.

ii) The leave is to be treated like the Earned Leave and sanctioned as such.

iii) Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned Leave.

iv) CCL can be availed only if the employee concerned has no Earned Leave at her credit.

3. Hindi version will follow.

(Raj Bala Singh)
Under Secretary to the Govt. of India

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Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations -Clarification regarding.

No.13018/2/2008-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training)

New Delhi, dated the 16th November, 2009.

OFFICE MEMORANDUM

Subject:- 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 refer to this Department’s O.M. of even number dated 11th September, 2008 regarding introduction of child care leave in respect of Central Government employees and subsequent clarifications vide O.M. dated 29th September, 2008 and 18th November, 2008. It is further clarified that child care leave sanctioned prior to issuance of O.M. No. 13018/2/2008-Estt.(L) dated 18th November, 2008 shall be treated as child care leave and shall be deducted from the Child Care Leave account of the Government servant concerned. No adjustment against any other kind of leave shall be made in this regard. The Child Care Leave sanctioned for the period beyond 18/11/2008 shall however be regulated in terms of clarification issued vide O.M. of even number dated 18/11/2008.

2. Hindi version will follow.

(Simmi R. Nakra)
Director

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Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations – Clarification regarding

No. 13018 /1/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi, the 7th September, 2010

Office Memorandum

Sub: 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.

2. This Department’s O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of Central Government employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 18/11/2008 and 2/12/2008 were reviewed. It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-

(i) CCL may not be granted in more than 3 spells in a calendar year.
(ii) CCL may not be granted for less than 15 days.
(iii) 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. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

3. It is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.

4. These orders take effect from 1.9.2008. Earned Leave, if any, availed by women employees before availing CCL subsequent to the issue of the OM 13018/2/2008-Estt.(L) dated 18/11/2008 may be adjusted against CCL, if so requested by the employee.

5. Hindi version will follow.

(Simmi R.Nakra)
Director

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Child Care Leave in respect of female railway employees as a result of Sixth Central Pay Commission recommendations – Clarification regarding

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VI No.229
RBE.No. 144/2010

New Delhi dated 04.10.2010.

No.E(P&A)I-2008/CPC/LE-8

The General Managers/CAOs,
All Indian Railways/Production Units etc.

Subject : Child Care Leave in respect of female railway employees as a result of Sixth Central Pay Commission recommendations – Clarification regarding

Please refer to Board’s letters of even number dated 23.10.2008, 12.12.2008 and 23.4.2010 regarding grant of Child Care Leave (CCL).

2. In pursuance of the decision taken by the Government, the Ministry of Railways have decided to delete the condition that CCL can be availed only if the employee concerned has no LAP at her credit, subject to the following conditions:-

(i) CCL may not be granted in more than 3 spells in a calendar year.

(ii) CCL may not be granted for less than 15 days.

(iii) 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. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

3. It is reiterated that the CCL is to be treated like LAP and sanctioned as such.

4. These orders take effect from 1.9.2008. LAP, if any, availed by women employees before availing CCL subsequent to the issue of the Board’s letter of even number dated 12.12.2008 may be adjusted against CCL, if so requested by the employee regardless of condition 2(i) and 2(ii) above.

5. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

6. Please acknowledge receipt.

s/d
(Dharam Pal)
Director Pay Estt.(P&A)II,
Railway Board
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Comments

  1. Renu Narang says:

    Whether an employee can take Leave Travel Concession during Child Care Leave

  2. Manohar Gupta says:

    Dear Sir,
    I have been representing to the Director since 2000 regarding my promotion but the Director never responds. I also wrote to the Sr. Administrative Officer on many occasions but there is no reply. I represented to the Director General through proper channel and also to the Secretary but my representations are not forwarded by the Director. Please guide me as to how I can draw their attention and seek their decision in my matter favorable or otherwise. Thanks a lot with regards

  3. Annie Kochitty says:

    Dear Sir
    I am an employee of an autonomous organization and I have three children, one step daughter age 27 yrs. and two children of my own. I have availed CCL in 2008 during this period my step daughter has crossed 18 yrs. Now my office has deducted 96 days from my EL on the ground that I have three children and I can not avail CCL for my own children who is under 18 yrs. of age at present. I would like to know if this is correct?. The CCL leave availed my me was well advance sanctioned as per the rule by my office and when I Joined my duties they informed me this way and pressurizing me for the leave conversion. I am new to my retirement in 2013 and I feel this is injustice to me.
    Please guide me on what can be done in such a case and what is the rule?

    The leave periods are : 27.10.2008 to 7.11.2008 (12 days) 9.2.2009 to 20.3.2009 (40 days for SSC exam time), 18.10.2010 to 4.11.2010 (18 days) and 3.1.2011 to 28.1.2011 (26 days) for 22th exam
    The CCL I have taken for my own 2nd child who was under 18 years old.
    Thanks
    Annei