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Child Care Leave – recommendations of the 7th CPC

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Child Care Leave – recommendations of the 7th CPC

7thCPC-Child-Care-Leave-CCL

No.NC/JCM/2017

Dated: August 4, 2017

The Secretary(DoP&T),
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi

Dear Sir,

Sub: Child Care Leave – recommendations of the 7th CPC

It may please be recalled that, the 6th CPC, accepting the consistent demand of the Staff Side for grant of Child Care Leave to Women Central Government Employees, had recommended maximum two years CCL for women government employees for taking care of maximum two children, as a welfare measure the women government employee for taking care of maximum two children as a welfare measure. Women government employees were availing this specific leave for taking care of their children with 100% salary for a maximum period of two years, owing to certain difficulties having being experienced by the employer, certain conditions were subsequently laid down to avail CCL by women government employees.

One of the subsequently introduced conditions was that, they can avail their leave in maximum 3 spell during in a calendar year. While 7th CPC has duly acknowledged the requirement of CCL for women government employees as well as single male employees and recommended that the practice should continue as hitherto, additionally entitling single male employee to avail the same, but unfortunately, imposed another new condition that, although for the first 365 CCL 100% salary would be payable. However, for subsequent 365 days only 80% of their salary to be paid.

It may be appreciated that, provision of CCL to women government employees with the sole motto of taking care of their children, particularly at the time the children are in grave need of the same, a welfare measure at the same was being granted with 100% salary before the report of the 7th CPC came in the effect.

Therefore, imposition of the condition of 80% salary payable in the 2nd spell of 365 days is grossly unjustified and uncalled for and would result in withdrawal of a well acknowledged welfare measure.

It is, therefore, requested that the issue may be looked into in the light of the foregoing the earlier practice of payment of 100% salary of the entire 2 years may please be restored as a noble employer.

Comradely yours
(Shiva Gopal Mishra)
Secretary (Staff Side)

NC/JCM
&
Convener

Source : NCJCM

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Child care leave to be applied for in advance: High Court

The Punjab and Haryana High Court has made it clear that child care leave has to be applied for in advance by a woman employee working with the Haryana Government.

Justice Rajiv Narain Raina of the High Court has also made it clear that it can be availed after the go-ahead by the authorities concerned. The permission for child care leave cannot be granted ex post facto (with retrospective force).

The development is significant as Haryana Government rules make it clear that child care leave is admissible to a woman government employee for a maximum period of two years or 730 days during her entire service for taking care of her surviving children.

It is permissible only for the first two children of the government employee. Their age has to be below 18 years for the mother to avail the leave.

The ruling by Justice Raina came on a petition by Shashi Bala against the state and other respondents. A government employee, she moved the High Court after the department concerned refused to grant ex post facto permission for child care leave.

Taking up her petition, Justice Raina asserted that by the very nature of things, child care leave has to be applied for in advance and due permission needs to be accorded. The right was valuable, because a woman employee would get full salary for the period of child care leave.

“It cannot be applied for to act retrospectively and therefore, there is nothing wrong in the department holding that ex post facto permission cannot be granted,” Justice Raina asserted.

Before parting with the order, Justice Raina observed that the first request in the case in hand was made on April 6, 2011, for granting backdated child care leave with effect from November 30, 2010, to March 30, 2011. Dismissing the plea, Justice Raina added that there was no merit therein.

Haryana Government rules suggest that child care leave cannot be demanded as a matter of right and no one can, under any circumstances, proceed on child care leave without prior proper sanction by the competent authority.

Child care leave is also admissible during the probation period, provided the probation period is extended by the period of child care leave availed. Besides this, the leave may not be availed for a period of less than 30 days.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.26951 of 2016

Date of decision:22.12.2016

Shashi Bala
… Petitioner

Versus

State of Haryana and others
..Respondents.

CORAM:- HON’BLE MR. JUSTICE RAJIV NARAIN RAINA

Present: Mr.Ravinder Malik (Ravi), Advocate for the petitioner.

RAJIV NARAIN RAINA, J.(Oral)

By the very nature of things, Child Care Leave has to be applied for in advance and due permission accorded. The right is valuable because female employee gets full salary for the period of Child Care Leave. Child Care Leave cannot be applied for to act retrospectively and therefore, there is nothing wrong in the Department holding that ex post facto permission cannot be granted. In this case first request was made on 6.4.2011 for granting backdated Child Care Leave w.e.f 30.11.2010 to 30.3.2011.

No merit.

Dismissed.

(RAJIV NARAIN RAINA)
JUDGE

22.12.2016
Meenu

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Types of Leave applicable to Central Government Employees as per Leave Rules

Types of Leave applicable to Central Government Employees as per Leave Rules

A brief on all Types of Leave applicable to Central Government Employees as per Leave Rules – Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due, Maternity Leave, Paternity Leave, Study Leave, Extraordinary Leave, Chile Care Leave and More

1. Earned Leave: Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave: All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave: This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.

It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due: This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave : Maternity leave is granted to women government employees.

1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.

2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave : A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave: Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.

The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.

The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.

Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave : Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave : In a calendar year eight days of casual leave is permissible.

Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.

(ii) It cannot be combined with joining time.

(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.

(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.

(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.

(vi) Casual Leave can be taken for half day also.

(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.

(viii) LTC can be availed du ring Casual Leave.

(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave : Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..

Conditions for Child Care Leave

1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.

2. It can be availed in more than one spell.

3. It can not be debited against the leave account.

4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave: Hospital leave is admissible to Group ‘C’ employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group ‘D’ Employees.

Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement : The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of ‘earned leave’.

No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave : Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.

May be combined with any other leave.

Will count as service for pension.

Will not be debited to the leave account.

14. Child Adoption Leave: Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.

It may be combined with leave of any other kind. Leave not debited against the leave account.

15. Leave to Probationers : A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices : Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship

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Proposals on Child Care Leave (CCL) and Maternity Leave

No. 13018/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
****

Old JNU Campus, New Delhi 110 067
Dated: 01.04.2016

OFFICE MEMORANDUM

Subject:- Proposals on Child Care Leave (CCL) and Maternity Leave — Reg.

This is regarding proposals on the subject of Maternity Leave and CCL that are under consideration in this Department. In this connection, a workshop was held in DoPT on 28.01.2016 with the stakeholder Departments on the following issues and the consensus emerged as follows:
(a) Maternity/CCL in case of surrogacy: There is no provision at present for any kind of Leave for surrogate/commissioning mothers. It is proposed that 180 days maternity leave may be granted to the surrogate as well as commissioning mothers, in case either/both of them are Government servants. The commissioning mother also requires time for bonding with her child and to take care of him/her and hence would also become eligible for Child Care Leave. Paternity Leave may also be granted in case of surrogacy.
(b) Age Limit for CCL in case of disabled children: It is proposed that the age limit for CCL in case of disabled children needs to be done away with since the requirement of parental care may be more/stronger when the disabled child grows older. It may therefore be allowed to provide for CCL in the case of disabled children — the ‘disability’ being clearly defined by the Ministry of Social Justice & Empowerment – without any age limit provided the maximum CCL that can be availed remains within the ceiling of 730 days.
(c) Leaving HQ/availing LTC while on CCL: At present leaving headquarters or availing LTC are not permissible during CCL. The underlying intent of CCL is to allow care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Thus, it is not restricted to exam and sickness alone. Taking care may also include ensuring their rest and recreation and towards that objective leaving headquarters or availing LTC can be allowed. It is thus proposed that the employees may be permitted to leave headquarters/avail LTC while they are on CCL, provided clearances from appropriate competent authorities are taken while proceeding on foreign travel.

(d) CCL minimum for at least five days: Vide this Department O.M. No.13018/6/2013-Estt.(L) dated 5 th June, 2014 the stipulation of the requirement of minimum period of 15 days’ CCL has been removed. It is now proposed to introduce a minimum period of five days of CCL i.e., CCL henceforth may not be granted for less than 5 days.

2. Comments on the above proposals are solicited please.

(Mukul Ratra)
Director

To:
1. All Ministries/Departments of Government of India
2. NIC, DOPT for uploading on the Ministry’s website.

DoPT Circular

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West Bengal Government allows child care leave to male government employees

West Bengal Government allows child care leave to male government employees

In a major policy decision, West Bengal Government today allowed paternity-cum-child care leave of 30 days for its male employees which can be availed either during child birth or until their children turn 18.

Announcing this at the State Secretariat Nabanna, Chief Minister Mamata Banerjee said the decision was taken at a cabinet meeting today to enable male employees to discharge their parental responsibilities.

The state government had earlier allowed maternity leave for 180 days and child care leave for 730 days to female employees of the state government and Panchayat Raj, besides other local bodies, boards, corporations, undertakings, companies, state aided universities, sponsored and non-government aided schools and colleges, Banerjee said.

The scheme would be implemented with immediate effect, she added.

PTI

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7th Pay Commission Recommendations on Leave and Holidays

7th Pay Commission Recommendations on Leave and Holidays

 

Gazetted and Restricted Holidays : Besides the three National Holidays, employees are presently entitled to 14 Gazetted and 2 Restricted holidays every year. Out of the 14 Gazetted holidays, 11 are observed throughout India, while 3 are decided locally. For Restricted holidays, a list is drawn up at the local level taking local factors into consideration; employee is entitled to choose any two in a year out of that list. There are demands to include May Day and 14th April as compulsory holidays throughout India.

 

Suggestions have also been received to increase the number of locally decided Gazetted Holidays from 3 to 6.

 

Analysis and Recommendations : The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.

 

7th CPC Leave Rules :  7th Pay Commission has recommended on Holidays and Leave for Central Government Employees and Offices…

 

Holidays and Leave : Presently Central Government offices observe a five-day week which results in 104 holidays every year on account of weekends. In addition, there are three National Holidays, fourteen Gazetted Holidays and two Restricted Holidays. Further, civilian government employees are entitled to 8 days’ Casual Leave, 20 days’ Half Pay Leave (commutable to Medical Leave) and 30 days’ Earned Leave. Besides the above, quite a few other types of leave are admissible.

 

The following paragraphs bring out, in alphabetical order, the different kinds of holidays and leave admissible, demands received (if any) and views of the Commission on each one of them. Unless otherwise stated, the existing terms and conditions regulating these holidays and leave shall remain unchanged.

 

Casual Leave (CL) : Casual Leave is granted to enable a government servant to attend to sudden/unforeseen needs/tasks. Presently 8 days CL is normally granted to a Central Government employee per calendar year. The number goes up to 10 days for Industrial Workers, 20 days for Defence
Officers and 30 days for Defence PBORs. Certain other categories of staff, particularly in the Railways, are granted CL ranging from 11 to 13 days in a year. Demands have been made to increase the number of CL to 15 days for Industrial Workers and 12 days for other employees. CAPFs have also sought parity with defence forces in matters of Casual Leave.

 

Analysis and Recommendations : Regarding the number of Casual Leave, the Commission is of the view that the present system is working well and need not be altered. As far as the case of CAPFs for parity with defence forces is concerned, the Commission notes that CAPFs are essentially civilian forces and their service conditions are different from defence forces. Hence parity in terms of number of casual leave cannot be considered. To sum up, status quo is recommended.

 

Child Adoption Leave : This leave is granted to female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

 

Analysis and Recommendations : No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 

Child Care Leave (CCL) : Child Care Leave (CCL) is granted to women employees for a maximum period of two years (i.e., 730 days) during their entire service for taking care of their minor children (up to eighteen years of age). There are several demands relating to CCL which include converting the same into “family care” leave, extending the facility to male parents and many representations stressing that it should be extended at least to single male parents. Suggestions have also been received that in cases where the child is differently abled, the clause stipulating that the child should be minor, should be done away with. Single mothers have highlighted their unique problems and requested the Commission for liberalising the grant of CCL. Interestingly, representations have also been made for discontinuance of the CCL, primarily on the grounds that it disrupts office working and also because it promotes gender discrimination.

 

Analysis and Recommendations : When CCL was first introduced by the VI CPC it generated considerable interest as it represented a positive measure benefiting women employees. It also took a while to stabilise and it is seen that as many as five amendments/clarifications were issued within a short period of time. As it stands, it is meant for women employees “for taking care of up to two children whether for rearing the children or looking after their needs like examination, sickness etc.” It is treated akin to Earned Leave and is sanctioned as such. It may not, however, be granted in more than three spells in a calendar year.

 

In the first two years of its implementation the experience was that women employees tended to treat this as Casual Leave or an extension of the same, and the resultant frequent absences caused disruptions at work. To address this, in September 2010, a clarification was issued stipulating that CCL may not be granted in more than three spells in a calendar year and also that it may not be granted for less than 15 days at a time. However, the latter stipulation was subsequently withdrawn and as per the latest clarification issued on 5 June, 2014 the government has decided to remove the requirement of minimum period of 15 days CCL. It has been brought to the notice of the Commission that the capping of maximum three spells in a
calendar year has, to some extent, addressed the problems relating to disruption of work.

 

Notwithstanding that, in the course of discussions with various stakeholders, the sense that has come across is that what was introduced as a welfare measure to help employees in times of need, is seen as a benefit that has to be availed simply because it exists. There is, therefore, a palpable need to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme. Towards this end the Commission recommends that CCL should be granted at 100 percent of the salary for the first 365 days, but at 80 percent of the salary for the next 365 days. In making this recommendation the Commission has also kept in mind the fact the concept of a paid (whether 100% or 80%) leave solely for child care for a period of two years, is a liberal measure unmatched anywhere else.

 

The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders. Hence extension of CCL to single male parents is recommended. Moreover, the Commission recognizes the additional responsibility on the shoulders of employees who are single mothers. Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year.

 

Commuted Leave : Presently, Commuted Leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. A demands have been made to do away with the need for medical certificate.

 

Analysis and RecommendationsThe Commission does not find merit in the demand. Status Quo is recommended.

 

Earned Leave (EL) or Leave on Average Pay (LAP) : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence
personnel. EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

 

Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

 

The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered. The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

 

Extra Ordinary Leave (EOL) : EOL is granted to a government servant when no other leave is admissible or when other leave is admissible, but the government servant applies in writing for extraordinary leave. This leave is neither debited to leave account nor is any leave salary paid. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 

Furlough Leave : This leave is admissible only to defence officers for up to 60 days. It can be availed at half pay, once in a cycle of three calendar years. No demands have been received regarding this leave. However, the Commission is of the view that Furlough Leave is a legacy of the pre Independence era. Since defence officers are already entitled to double the Earned Leave and more than double the Casual Leave available to civilian employees, there is no justification for continuation of Furlough Leave. Hence, it is recommended that Furlough Leave be abolished.

 

Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.

 

Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended.

 

Hospital Leave : This leave is granted to Group `C’ Railway employees if they are suffering from illness or injuries directly due to risks incurred in the course of official duties, on production of medical certificate. Full pay is admissible for first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months. Demands have been received to increase this leave to an unlimited period of time as applicable to PBORs of defence forces.

 

Analysis and Recommendations : This has been discussed under Special Disability Leave

 

Leave Not Due (LND) : LND is granted when the employee has no half-pay leave at credit and he/she requests for the grant of Leave Not Due. It is granted only on medical certification, if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. LND during the entire service is limited to a maximum of 360 days and will be debited against the half-pay leave that the employee may earn subsequently. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 

Maternity Leave : Maternity leave is granted to women government employees–up to 180 days for pregnancy and 45 days in the entire service for miscarriage/abortion. Maternity leave can be combined with any other leave upto two years without medical certificate. The Commission has received representations for enhancement of Maternity leave to 240 days with full pay and further 120 days with half pay.

 

Analysis and Recommendations : It is noted that Maternity Leave was raised from 135 days to 180 days and ‘period in continuation’ raised from 1 year to 2 years by the VI CPC. No further increase is warranted. Status quo is recommended.

 

Paternity Leave : Presently, a male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife, up to 15 days before or six months from the date of delivery of child. Paternity leave may also be granted to a government servant with less than two surviving children on valid adoption of a child below the age of one year, within a period of 6 months from the date of valid adoption. There are demands to increase the period to 30 days.

 

Analysis and RecommendationsPresent dispensation of 15 days is adequate. Status quo may be maintained.

 

Sick Leave : This leave is admissible to defence personnel only on account of sickness attributable/ aggravated due to service conditions. Full pay is granted for the entire duration of hospitalization. Beyond that, defence officers are allowed Sick Leave with full pay and allowances for first six months and fully pay only for next 18-24 months, while there is no such  limit for PBORs. There are demands from CAPFs for complete parity with defence forces in respect of provisions of Sick Leave.

 

Analysis and Recommendations : Discussed under Special Disability Leave.

 

Special Casual Leave (SCL) : SCL is granted to employees to cover their absence from duty for various occasions like sports events, cultural activities, participation in Republic Day Parade, voluntary blood donation, Trade Union meetings, etc. Full pay is granted during SCL and it can be sanctioned with retrospective effect also. There are demands to extend SCL to organ donors till the time they are fit to resume duty.

 

Analysis and Recommendations : The Commission would like to express its concern at the widespread use of SCL as a means of getting away from duty. However, because of the extensive scope and case specific nature of this leave, no concrete recommendations can be made. The government may, however, consider the following suggestions:
1. Review the purposes for which SCL is presently granted.
2. Limit the number of purposes for which an employee can be granted SCL in a year.
3. Limit the total number of days that an employee can be granted SCL in a year.

 

Special Disability Leave : It is admissible to civilian employees when disabled by injury intentionally or accidentally inflicted or caused by or in consequence of the due performance of official duties or in consequence of official position held. Full pay is admissible for the first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided the total period of leave does not exceed 24 months. There are demands to remove the ceiling limit of 24 months–the duration of leave may be left to the discretion of doctor and full pay paid for the entire period.

 

Analysis and Recommendations :  There are three different kinds of leave admissible to civilian/defence employees which are granted for work related illness/injuries–Hospital Leave, Special Disability Leave and Sick Leave. It is an established worldwide practice that employees who suffer illness/injuries that are attributable to/aggravated in the course of their duty need to be adequately compensated. However, due to the inherent difference between the nature of duties of civilians and uniformed forces, a distinction needs be made in the level of compensation provided. Having said that, there is some similarity in the risks faced by different uniformed forces, and consequently parity amongst them may be considered as far as this leave is concerned.

 

The following is, therefore, recommended:
1. Hospital Leave, Special Disability Leave and Sick Leave should be subsumed in a new Leave named Work Related Illness and Injury Leave (WRIIL).
2. Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
3. Beyond hospitalization, WRIIL will be governed as follows:

a. For Civilian employees, RPF employees and personnel of Police Forces of Union Territories: Full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employee’s leave account.

b. For Officers of Defence, CAPFs, Indian Coast Guard: Full pay and allowances for the 6 months immediately following hospitalization, for the next 24 months, full pay only.

c. For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.

 

4. In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
5. No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.

 

Study Leave : Presently, Study Leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant. It is limited to 24 months, except for CHS officers who are allowed 36 months. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

Be the first to comment - What do you think?  Posted by admin - January 30, 2016 at 10:20 pm

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Child Care Leave (CCL) for single male parent recommended by 7th Pay Commission report

Child Care Leave (CCL) for single male parent recommended by 7th Pay Commission report.

New Delhi: The Seventh Pay Commission report has recommended Child Care Leave (CCL) for single male parent, which is currently given to only women employees.

CCL is granted to women employees for a maximum period of two years (730 days) during their entire service for taking care of their minor children (up to eighteen years of age).

The Pay Commission, headed by Justice A K Mathur, submitted its recommendations to Finance Minister Arun Jaitley yesterday.

“The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders.

“Hence extension of CCL to single male parents is recommended,” the report said.

It also recommended CCL at 100 per cent of the salary for the first 365 days, and 80 per cent of the salary for the next 365 days.

CCL was first introduced by 6th Central Pay Commission.

The report also said there is a “palpable need” to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme.

“Towards this end, the Commission recommends that CCL should be granted at 100 per cent of the salary for the first 365 days, but at 80 per cent of the salary for the next 365 days,” the report said.

The report further said that the Commission recognises the additional responsibility on the shoulders of employees who are single mothers.

“Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year,” the 900-page report said.

In making the recommendation, the Commission said it has also kept in mind the fact the concept of a paid (whether 100 per cent or 80 per cent) leave solely for child care for a period of two years, “is a liberal measure unmatched anywhere else”.

PTI

Be the first to comment - What do you think?  Posted by admin - November 21, 2015 at 10:53 am

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Jammu and Kashmir government women employees can now get 2-years child care leave

Jammu and Kashmir government women employees can now get 2-years child care leave

Srinagar: In a major welfare measure for women employees in Jammu and Kashmir, the state government today approved Child Care leave for them for a period of two years to look after their children.

The Government issued a notification allowing the Child Care leave for its women employees. As per the new provision, a women employee can avail a maximum period of 730 days of child care leave during her entire service for taking care of her two eldest children, an official spokesman said.

He said the leave can be taken to look after the children’s education, illness and other similar requirements. The spokesman said after approval by Chief Minister Mufti Mohammad Sayeed, the Finance Department has issued the notification incorporating the child care leave in the Jammu and Kashmir Civil Services (Leave) Rules.

During the period of child care leave, a woman employee shall be paid leave salary equal to pay drawn immediately before proceeding on leave and the child care leave can be combined with any other kind of leave, the spokesman said.

However, the leave shall not be granted for more than three spells in a calendar year, he said. The spokesman said though child care leave can be claimed only after completion of probation period by the employee, yet as a humanitarian gesture, some minimum child care leave can be allowed to a probationer in certain extreme circumstances.

The present PDP-BJP coalition Government in its first budget had announced that the child care leave shall be introduced in the State Leave Rules so that the difficulties faced by working mothers is resolved and women employees get this benefit at par with Central Government employees.

PTI

Be the first to comment - What do you think?  Posted by admin - July 24, 2015 at 9:28 am

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Reply of Dopt regarding CCL to Confederation

Reply of Dopt regarding CCL to Confederation

Removal the limit of 3 spells in a calender year for which CCL to female employees…

No.13018/6/2013-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pension
(Department of Personnel and Training)
New Delhi, the 31st July, 2014

To
Shri.M.Krishnan,
Secretary General,
Confederation of Central Govt Employees and Workers,
1st Floor, North Avenue PO Building,
New Delhi – 110001

Subject: Child Care Leave (CCL) for removal of limit of 3 spells in a calender year – regarding.


I am directed to refer to Confederation of Central Govt. Employees & Workers letter dated 30.06.2014 on the subject mentioned above and to say that the matter was considered in this Department. It is stated the condition of restricting the number of spells for which CCL can be allowed to a female Government servant during a year provides check & balance to ensure that demands of public service are not sacrificed or compromised with and that there is no dislocation of work, thus there is no proposal to review the said condition for its deletion.

Yours faithfully,
sd/-
(S.G.Mulchandaney)
Under Secretary to the Government of India

Source: http://confederationhq.blogspot.in/

Click to view the letter…

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Confederation writes for removal of limit of 3 spells for Child Care leave in a calender year

Confederation writes for removal of limit of 3 spells for Child Care leave in a calender year

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi – 110001
Website : www.confederationhq.blogspot.com

Ref: Confd./GENL/2014

Dated – 30.06.2014

To
The Secretary (Personnel)
Department of Personnel & Training
Ministry of Personnel Public Greivances
North Block, New Delhi – 110001

Sir,
Sub: – Child Care Leave for removal of limit of 3 spell in a calendar year – reg.
Ref: – DOPT OM No. 13018/6/2013-Estt (L) dated 05.06.2014

A kind reference is invited on the above cited OM. While we welcome the removal of earlier stipulation of child care leave for minimum period of 15 days at a time, it is requested now to dispense the limitation of three spells in a calendar year.

The condition spelled in the DOPT OM No. 13018/1/2010-Estt (Leave) dated 07.09.2010 limiting the grant of three spells in a calendar year now become a constraint to the less leave takers and needs a revision. It is quite beneficial both to the administration and staff to enhance the three spells limit to more or without limit. This will encourage the beneficiaries to utilize their CCL to the extent of optimal level.

Hence, it is requested to-remove the condition of limiting three spells in a calendar for availing child care leave in the backdrop of removal of 15 days condition for each spell.

Early response in this regard is highly solicited.

With profound regards,

Yours faithfully,
sd/-
(M.Krishnan)
Secretary General

Source : www.confederationhq.blogspot.in

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Child Care Leave (CCL) in respect of Central Government Employees as a result of Sixth Central Pay Commission recommendations – Clarification – regarding

 Child Care Leave Clarification by DoPT: Removal of requirement of minimum period of 15 Days -

No.13018/6/2013-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pension
[Department of Personnel & Training]

New Delhi, the 5th June, 2014

OFFICE MEMORANDUM

        Subject: Child Care Leave (CCL) 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. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave(CCL) in respect of Central Government employees.
Subsequently, clarifications have been issued vide OMs dated 29.9.2008, 18.11.2008, 02.12.2008 and dated 07.09.2010. Child Care Leave at present is allowed for a minimum period of 15 days. References have been received from various quarters seeking a review of this stipulation.

2. The matter has been considered in consultation with Department of Expenditure, and it has been decided to remove the requirement of minimum period of 15 days’ CCL. There is no change as regards other conditions of this leave.

3. These orders take effect from the date of issue of this Office Memorandum.

4. Hindi version will follow.

sd/-
S.G. Mulchandaney)
Under Secretary to the Government of India

Source: DoPT
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_6_2013-Estt.L-05062014.pdf

Be the first to comment - What do you think?  Posted by admin - June 5, 2014 at 4:31 pm

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Supreme Court Judgement on CIVIL APPEAL NO. 4506 OF 2014: Govt woman employee can get uninterrupted two-year child care leave (CCL)

Supreme Court Judgement on CIVIL APPEAL NO. 4506 OF 2014: Govt woman employee can get uninterrupted two-year child care leave (CCL)
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4506 OF 2014
(arising out of SLP (C) No. 33244 of 2012)
KAKALI GHOSH
… APPELLANT
VERSUS
CHIEF SECRETARY,
ANDAMAN & NICOBAR
ADMINISTRATION AND ORS
…RESPONDENTS
J U D G M E N T
Sudhansu Jyoti Mukhopadhaya, J.
Leave granted.
2.       This appeal has been  directed  against  the  judgment  dated  18th September, 2012 passed by the High Court of Calcutta, Circuit Bench at  Port Blair.  By the impugned judgment, the Division Bench of  the Calcutta  High Court allowed the writ petition and set aside the judgment and  order  dated 30th April, 2012 passed by the  Central  Administrative  Tribunal  Calcutta, Circuit Bench at Port Blair (hereinafter referred to as, ‘the Tribunal’).
3.       The only question which requires to be determined  in  this  appeal is  whether  a  woman  employee  of  the  Central  Government  can  ask  for uninterrupted 730 days of Child Care Leave (hereinafter referred to as, -
‘the CCL’)  under Rule 43-C of the  Central Civil  Services  (Leave)  Rules, 1972 (hereinafter referred to as, ‘the Rules’).
4.       The appellant initially applied for CCL for six  months  commencing from 5th July, 2011 by her letter dated 16th May, 2011 to take care  of  her son who was in 10th standard.  In her application, she  intimated  that  she is the only person to look after her minor son and her  mother  is  a  heart patient and has not recovered from the shock due to  the  sudden  demise  of her  father;  her  father-in-law  is  almost  bed ridden   and   in   such circumstances, she was not in a position to perform her duties  effectively.  While her application was pending, she was transferred to Campbell  Bay  in Nicobar District (Andaman and Nicobar) where she joined on 06th July,  2011. By her subsequent letter  dated  14th  February,  2012  she  requested  the competent authority to allow her to avail CCL for two years commencing  from 21st May, 2012.  However, the authorities allowed only 45  days  of  CCL  by their Office Order No. 254 dated 16th March, 2012.
5.        Aggrieved  appellant  then  moved  before  the  Tribunal  in  O.A. No.47/A&N/2012 which allowed the application  by  order  dated  30th  April,2012 with following observation:-

“12. Thus O.A. is allowed.  Respondents are  accordingly  directed  to act  strictly  in  accordance  with  DOPT  O.M.  dated  11.9.2008   as amended/clarified on 29.9.2008 and 18.11.2008, granting  her  CCL  for the due period.  No costs.”

6.       The order passed by the  Tribunal  was  challenged  by  respondents before the Calcutta High Court which by impugned judgment  and  order  dated 18th September, 2012 while observing that  leave  cannot  be  claimed  as  a right, held as follows:

                       “It is evident from the provisions of sub r.(3) of r.43-C  of  the rules that CCL  can  be  granted  only  according  to  the  conditions mentioned in the sub-rule, and that one of the conditions is that  CCL shall not be granted for more than three spells in  a  calendar  year. It means that CCL is not to be granted for a  continuous  period,  but only in spells.                       From the provisions of sub r.(3) of r.43-C of the rules it is also evident that a spell of CCL can be for as less as 16 days.  This means that in a given case a person, though  eligible  to  take  CCL  for  a maximum period of 730 days, can be granted CCL in three  spells  in  a calendar year for as less as 48 days.”The High Court further observed:                  “Whether an eligible person should be granted CCL at  all, and, if so, for what period,  are questions  to  be  decided  by  the competent authority; for the person is to  work  in  the  interest  of public service, and  ignoring  public  service  exigencies  that  must prevail over private exigencies  no leave can be granted.”

7.       Learned counsel for the appellant submitted that there  is  no  bar to grant uninterrupted 730 days of CCL under Rule 43-C.  The High Court  was not justified in holding that CCL can  be  granted  in  three  spells  in  a calendar year as less as 48 days at a time.  It was also contended that  the respondents failed to record ground to deny uninterrupted CCL  to  appellant for the rest of the period.
8.       Per contra, according to respondents, Rule  43-C  does  not  permit uninterrupted CCL for 730 days as held by the High Court.
9.       Before we proceed to discuss the merits or otherwise of  the  above contentions, it will be necessary for us to refer the relevant Rule and  the guidelines issued by the Government of India from time to time.
10.      The Government of  India  from  its  Department  of  Personnel  and Training vide O.M. No. 13018/2/2008-Estt. (L)  dated  11th  September,  2008 intimated that CCL can be granted for maximum period of 730 days during  the entire service period to a woman government employee for taking care  of  up
to two children, relevant portion of which reads as follows:

Child Care Leave for 730 days. ***

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 up to 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.”

11.      It was followed by Circular issued by Government of India from  its Personnel  and Training Department vide O.M.  No. 13018/2/2008-  Estt.  (L), dated   29th September,   2008   by  which    it    was    clarified    that CCL
would  be also admissible to a  woman  government  employee  to  look  after third child below 18 years of age, which is as follows:
“(2) Clarifications:-

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  along  with  the Service Book of the Government Servant concerned.”

12.      Rule  43-C  was  subsequently  inserted  by  Government  of  India, Department of Personnel and Training, Notification No.  F.No.  11012/1/2009- Estt. (L) dated 1st December, 2009, published  in  G.S.R.  No.  170  in  the Gazette of India dated 5th December, 2009 giving effect from 1st  September, 2008 as quoted below:-
“43-C. Child Care Leave

1) A women Government servant having minor children below the  age of eighteen years and who has no earned leave  at  her  credit, 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 the  entire  service  for  taking  care  of  up  to  two children, whether for rearing or to look  after  any  of  their needs like examination, sickness, etc.
2) During the period of child care leave, she shall be paid  leave salary equal to the pay drawn immediately before proceeding  on leave.
3) Child care leave may be combined with leave of any other kind.
4)  Notwithstanding  the  requirement  of  production  of  medical certificate contained in sub-rule (1) of Rule  30  or  sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave not exceeding 60 days and leave not due) up to a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).
5) Child care leave may be availed of in more than one spell.
6) Child care  leave  shall  not  be  debited  against  the  leave  account.”

13. On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc. Sub Rule (3) of Rule 43-C allows woman government employee to combine CCL with leave of any other kind. Under Sub Rule (4) of Rule 43- C leave of the kind due and admissible to woman government employee including commuted leave not exceeding 60 days; leave not due up to a maximum of one year, can be applied for and granted in continuation with CCL granted under Sub Rule (1). From plain reading of Sub Rules (3) and (4) of Rule 43-C it is clear that CCL even beyond 730 days can be granted by combining other leave if due. The finding of the High Court is based neither on Rule 43-C nor on guidelines issued by the Central Government. The Tribunal was correct in directing the respondents to act strictly in accordance with the guidelines issued by the Government of India and Rule 43-C.
14. In the present case, the appellant claimed for 730 days of CCL at a stretch to ensure success of her son in the forthcoming secondary/senior examinations (10th/11th standard). It is not in dispute that son was minor below 18 years of age when she applied for CCL. This is apparent from the fact that the competent authority allowed 45 days of CCL in favour of the appellant. However, no reason has been shown by the competent authority for disallowing rest of the period of leave.
15. Leave cannot be claimed as of right as per Rule 7, which reads as follows:
“7. Right to leave 

(1) Leave cannot be claimed as of right.
(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.”
However, under Sub-Rule (2) of Rule 7 leave can be refused or revoked by the competent authority in the case of exigencies of public service.

16. In fact, Government of India from its Ministry of Home Affairs and Department of Personnel and Training all the time encourage the government employees to take leave regularly, preferably annually by its Circular issued by the Government of India M.H.A.O.M. No. 6/51/60-Ests. (A), dated 25th January, 1961, reiterated vide Government of India letter dated 22/27th March, 2001. As per those circulars where all applications for leave cannot, in the interest of public service, be granted at the same time, the leave sanctioning authority may draw up phased programme for the grant of leave to the applicants by turn with due regard to the principles enunciated under the aforesaid circulars.
17. In the present case the respondents have not shown any reason to refuse 730 days continuous leave. The grounds taken by them and as held by High Court cannot be accepted for the reasons mentioned above.
18. For the reasons aforesaid, we set aside the impugned judgment dated 18th September, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgment and order dated 30th April, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/production of this judgment.
19. The appeal is allowed with aforesaid directions. No costs.
………………………………………………….J.
(SUDHANSU JYOTI MUKHOPADHAYA) 

……………………………………………….J. 
(V. GOPALA GOWDA) 

NEW DELHI, 
APRIL 15, 2014. 
Source: http://judis.nic.in/supremecourt/imgs1.aspx?filename=41412

Be the first to comment - What do you think?  Posted by admin - April 18, 2014 at 11:10 am

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Central Government women employees can get 730 days leave for child care: Supreme Court

Central Government women employees can get 730 days leave for child care: Supreme Court

The Supreme Court on Tuesday held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness. A bench of justices SJ Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child Care Leave) for 730 days.

“On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc,” the bench said.

It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government. The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government’s decision not to grant her leave of 730 for preparing her son for secondary/senior examinations.

She had first approached Central Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.

The apex court set aside the High Court’s order. “We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement,” it said.

Source: www.ibnlive.in.com

3 comments - What do you think?  Posted by admin - April 16, 2014 at 10:31 am

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Will the 7th CPC Extend Child Care Leave for Male Employees Too?

Will the 7th CPC Extend Child Care Leave for Male Employees Too?

Child Care Leave, introduced by the 6th CPC, was a boon for women employees.

Women employees have for long, been entitled to Maternity Leave. The 90 days paid leave granted as maternity leave was extended to 135 days by the 5th CPC. The 6th CPC further increased it to 180 days.

Based on the very reasonable request presented by ATMAJA (Association of Adoptive Parents), the Government announced ‘Child Adoption Leave’ for female employees in 2006. Orders were issued to grant 135 days leave for female employees who adopt child upto one year of age.

The 6th CPC introduced a family welfare privilege for female employees. Consequent upon the decisions taken by the Government on the recommendations of the 6th CPC relating to Maternity Leave and Child Care Leave, the Central Govt decided that the existing provisions of Maternity Leave enhanced to 180 days.

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.

Women employees having minor children may be granted Child Care 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.

Only female employees were entitled to these leaves in order to provide health care and education supervision requirements for her two children. Although there were difficulties in implementing this decision, the announcement was welcomed by women employees.

But this also created a sense of longing among the male employees.

Were they not concerned about their family’s welfare?

Was their presence not required in health and education related issues of their children?

‘Why are we being denied this allowance?’. Men employees were wondered.

But some male staff themselves wondered, it is impossible to give the same privilege to male employees too, who constitute 90% of the government workforce.

One could also hear demands that if not 730 days, at least half of it should be given to the male employees.

Some suggest that the allowance should be made in genuine cases after necessary enquiries.

Some also suggest that in cases where the husband and wife are employed, the leave should be given to both.

Everybody has a right to demand…!

The request to give this privilege to men who have lost their wives, to look after their children sounds very reasonable.

Children who have lost their mothers require the care and presence of their fathers.

Will the 7th CPC consider this demand?

Source: www.employeesnews.in
[http://www.employeesnews.in/2014/04/will-7th-cpc-extend-child-care-leave.html]

Be the first to comment - What do you think?  Posted by admin - April 7, 2014 at 5:01 am

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Central has no proposal to introduce ‘Parents Care Leave’ on line of ‘Child Care Leave’..!

Central has no proposal to introduce ‘Parents Care Leave’ on line of ‘Child Care Leave’..!

Central has no proposal to introduce ‘Parents Care Leave’ on line of ‘Child Care Leave’..!

In Rajya Sabha the Minister of Personnel, Public Grivances and Pensions Shri.V.Narayanasamy said in written reply to a question that there is no proposal to provide for Parent Care Leave on the lines of Child Care Leave (CCL).

And also he replied, “Global Age Watch Index is a measure of quality of life and well-being of older people around the world. It measures the economic, social and political elements. India is ranked 73rd out of 91 countries selected for the index.

The Government has no proposal to provide for Parent Care Leave on the lines of Child Care Leave (CCL). CCL is allowed to female Central Government employees with a specific purpose of improving participation of more females in Government service. The Central Government employees are already entitled to various kinds of leave which can be availed for appropriate purposes”.

Via: http://90paisa.blogspot.in/2013/12/central-has-no-proposal-to-introduce.html

Be the first to comment - What do you think?  Posted by admin - December 24, 2013 at 1:07 pm

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7th PAY COMMISSION NEWS : A DEMAND TO 7th CENTRAL PAY COMMISSION (CPC) – CHILD CARE LEAVE(CCL) FOR MALE GOVERNMENT EMPLOYEES

7th PAY COMMISSION NEWS : A DEMAND TO 7th CENTRAL PAY COMMISSION (CPC) – CHILD CARE LEAVE(CCL) FOR MALE GOVERNMENT EMPLOYEES

A DEMAND TO 7th CENTRAL PAY COMMISSION (CPC) – CHILD CARE LEAVE(CCL) FOR MALE GOVERNMENT EMPLOYEES

We know that a lot of anomalies pending in front of National Anomaly Committee.Few of them were solved and remaining anomalies will be discussed in the next NAC meeting.Even though central govt announced 7th CPC.It is a amicable news for CG employees.This is the time to speak out the problems we faced in 6th CPC through social media and blogs.Child Care Leave is one of the important issue to male central government employees.

To be in synchronised pattern with the Fastidious modern world and to fulfill a family’s basic needs such as begetting good education for their child’s fruitful future it becomes at most necessity that both the husband and wife should earn for their family.

The reality of high priced commodities which the common man can relish only in his dreams. The mountainous rise of land value which acts as a ardent barrier for fulfilling one own dream home,the dizziness caused by cost of rental houses and finally the enormous increase to gigantic proportion of the fees paid to schools for getting a decent education to their children-These force and make it definite that both the life partners should earn to make both ends meet.

In this economic warfare the grave truth is that the children who should be in the warmth and care of their parents spend and shove their time in the company of electronic gadgets

During important moments i.e the child’s ill health , the child’s important examination days the 6th pay commission has paved way for the mother to be by the childs sideby, the introduction of the plan known as CCL it has been whole heartedly welcomed by one and all .

Having borne in its mind that todays childcare the sculptors of tomorrows modern India, the central government has given this CCL which is a formidable concession

Of the couples who got to work to earn their living ,those of them who are both central govt employees are very few.

In certain families the husband will be a central govt employee while the wife may work in a private firm.
In some others the husband may work in a private firm while his spouse may work in a central govt institution

For instance let us keep in mind that the husband is a central govt employee and his wife works in a private institution the critend is that they would not reap the beneath of CCL as it as certained only to the female central govt employee.

We are all very well aware that the children need the warmth and care of both parents in equal measures.If it is so why then the central govt has not allotted CCL for their male employees.

During pregnancy time the female central govt employee are given maternity leave On similar basis the male employees are given paternity leave.This seems to be acceptable to a certain extent.But [to say frankly] the allotment of CCL only to the female central govt employee is not acceptable.

It is the same payment for same work for both the female and male employees in a central govt institution.Similarly the concessions given should be in common for both of them.If a female employee is given two years CCL the male employee also can be given nearly the same if not equal.

There are grounds on which a male central govt employee loses his wife or he diverse why hasn’t the govt not taken in to consideration the condition of their children.Henceforth ccl should be given to the male central govt employees though certain conditions can be imposed. Only then the reason for which this concession (ccl) has been introduced could be realised to it full extent.

Source : www.centralgovernmentemployeesportal.blogspot.in

http://centralgovernmentemployeesportal.blogspot.in/2013/09/a-demand-to-7th-central-pay.html

 

Be the first to comment - What do you think?  Posted by admin - September 30, 2013 at 3:18 pm

Categories: 7CPC   Tags: , , , , , , , , ,

CHILD CARE LEAVE(CCL) FOR MALE GOVERNMENT EMPLOYEES: A DEMAND TO 7th CENTRAL PAY COMMISSION (CPC)

CHILD CARE LEAVE(CCL) FOR MALE GOVERNMENT EMPLOYEES: A DEMAND TO 7th CENTRAL PAY COMMISSION (CPC)
We know that a lot of anomalies pending in front of National Anomaly Committee.Few of them were solved and remaining anomalies will be discussed in the next NAC meeting.Even though central govt announced 7th CPC.It is a amicable news for CG employees.This is the time to speak out the problems we faced in 6th CPC through social media and blogs.Child Care Leave is one of the important issue to male central government employees.

To be in synchronised pattern with the Fastidious modern world and to fulfil a family’s basic needs such as begetting good education for their child’s fruitful future it becomes at most necessity that both the husband and wife should earn for their family.

The reality of high priced commodities which the common man can relish only in his dreams. The mountanious rise of land value which acts as a ardent barrier for fulfilling one own dream home,the dizziness caused by cost of rental houses and finally the enormous increase to gigantic proportion of the fees paid to schools for getting a decent education to their children-These force and make it definite that both the life partners should earn to make both ends meet.

In this economic warfare the grave truth is that the children who should be in the warmth and care of their parents spend and shove their time in the company of electronic gadgets

During important moments i.e the childs ill health , the childs important examination days the 6th pay commission has paved way for the mother to be by the childs sideby, the introduction of the plan known as CCL it has been whole heartedly welcomed by one and all .

Having borne in its mind that todays childcare the sculptors of tomorrows modern india, the central government has given this CCL which is a formidable concession

Of the couples who got towork to earn their living ,those of them who are both central govt employees are very few.

In certain families the husband will be a central govt employee while the wife may work in a private firm.
In some others the husband may work in a private firm while his spouse may work in a central govt institution

For instance let us keep in mind that the husband is a central govt employee and his wife workes in a private institution the critend is that they would not reap the beneath of CCL as it as certained only to the female central govt employee.

We are all very well aware that the children need the warmth and care of both parents in equal measures.If it is so why then the central govt has not alloted CCL for their male employees.

During pregnancy time the female central govt employee are given maternity leave On similar basis the male employees are given paternity leave.This seems to be acceptable to a certain extent.But [to say frankly] the allotment of CCL only to the female central govt employee is not acceptable.

It is the same payment for same work for both the female and male employees in a central govt institution.Similarly the concessions given should be in common for both of them.If a female employee is given two years CCL the male employee also can be given nearly the same if not equal.

There are grounds on which a male central govt employee loses his wife or he diverses why hasn’t the govt not taken in to consideration the condition of their children.Henceforth ccl should be given to the male central govt employees though certain conditions can be imposed. Only then the reason for which this concession (ccl) has been introduced could be realised to it full extent.

Source : http://centralgovernmentemployeesportal.blogspot.in

http://centralgovernmentemployeesportal.blogspot.in/2013/09/a-demand-to-7th-central-pay.html

 

Be the first to comment - What do you think?  Posted by admin - at 2:12 am

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6 Months maternity leave for government employees must: House panel

6 Months maternity leave for government employees must: House panel

There are no uniform rules for female employees in government departments and organizations and they are treated by varying yardsticks when it comes to essential benefits like maternity and child care leave (CCL).

Dismayed after finding that maternity leave can vary from 90 to 135 days, a parliamentary panel has suggested that all government departments and organizations should ensure 180 days of leave for their women employees.

The panel found many organizations grant 90, 85 or 135 days of maternity leave. It has said child care leave (CCL) of 730 days must be granted with pay to women employees across the board in government.

The committee was also distressed by the low presence of women employees in government organizations. “It is disheartening to observe that it is significantly low…10.04% as per the 2012 census of central government employees,” the panel said. The representation is particularly poor in semi-urban and rural areas.

The standing committee on law, personnel and public grievances on the ‘status of women in government employment and in public sector undertakings’ was unhappy that while a majority of the organizations do grant CCL, but they do so without pay.

For example, Mahanandi Coalfields Ltd gives CCL to female employees working as executives but not for non-executive category. In Cochin Shipyard Ltd, CCL is not granted since there is no specific direction from the department of public enterprises.

The policy has been discontinued in Mormugao Port Trust even though CCL benefits have been extended to all civilian female industrial employees in government since September, 2008. But many women employees hesitate to avail the leave, if granted without pay.

Introduction of “flexible timings” for female employees, especially young mothers, so that organizations can retain talent has been mooted by the committee headed by Congress MP Shantaram Naik as the panel found household responsibilities as a major reason for attrition among women employees.

The government has been asked to explore the policy on “staggered working hours” or “work at home” for female employees. The panel was informed that the recommendation of Sixth Pay Commission regarding staggered working hours was not accepted by the government.

Single women should be given postings closest to their hometown or places of their choice, the panel said. “It should be mandatorily ensured,” it said, adding that this “pertinent factor” should be kept in mind during allocation of postings by department heads.

The provision for giving same station posting to couples may be given statutory backing, the panel recommended as it found the instruction is not always adhered to.

Women employees who travel beyond office hours should be provided with security and proper transport by the employer in order to ensure their safety, the committee said.

The panel also noted that action taken on complaints of sexual harassment at workplace is “not satisfactory”. It felt merely transferring a delinquent employee to a different branch or station is inadequate and strict disciplinary action is needed. “The punishment has to be deterrent for prospective offenders,” the panel said.

Source: TOI

Be the first to comment - What do you think?  Posted by admin - September 2, 2013 at 1:59 am

Categories: Employees News, General news   Tags: , , , ,

BSNL Orders on CCL : Grant of Child Care Leave to women employees of BSNL

CORPORATE OFFICE
PAT SECTION
Bharat Sanchar Bhawan,
H. C. Mathur Lane, New Deihi-01

BHARAT SANCHAR NIGAM LTD.
(A Government of India Enterprise)

OFFICE ORDER

NO.1-33/2012-PAT(BSNL)/CCL

Dated, the 08-03-2013

Subject :- Grant of Child Care Leave to women employees of BSNL (absorbed / directly recruited / deputationists / deemed deputationists).

Approval of the Management Committee of the Board is, hereby, conveyed for grant Child Care Leave to women employees of BSNL (absorbed/directly recruited/deputationists / deemed deputationists) as per the provisions of DOP&T OM No.13018/2/2008-EStt.(L) dated 11.09.2008 and subsequent clarifications issued by DOP&T.

2. These orders shall take effect from the date of issue.

Hindi version will follow.

sd/-
(Sheo Shankar Prasad)
Assistant General Manager (Pers.V)

Source: www.bsnleuchq.com
[http://www.bsnleuchq.com/Child%20care%20leave%20orders.pdf]

Be the first to comment - What do you think?  Posted by admin - March 11, 2013 at 5:09 pm

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Child care leave in BSNL: Central Government Employees News

Child care leave in BSNL: Central Government Employees News

Child Care Leave approved by Management Committee


It is learnt that the Management Committee has approved the Child Care Leave, in it’s meeting, held yesterday the 07.03.2013. It has been the long pending demand of the JAC/Forum, that the Child Care Leave, implemented for the Central Govt. employees, should be implemented in BSNL also. Finally, agreement was signed on 12.06.2012, for settlement of Child Care Leave. However, it’s implementation had been delayed. Now, we are glad that the Management has decided to implement it. Again, this is a big achievement of the united struggle.

Source: http://www.bsnleuchq.com/

Be the first to comment - What do you think?  Posted by admin - March 8, 2013 at 4:28 pm

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