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

Transcription

1 No.13018/2/2008-Estt.(L) Ministry of Personnel, Public Grievances & Pensions [Department of Personnel & Training] ****** New Delhi, the 11th September, 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.

2 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. sd/- (Simmi R. Nakra) Director(P&A) 13018/2/2008-Estt.(L) Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) New Delhi, the 29th September, 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)

3 No / Estt.(L) Ministry of Personnel. Public Grievances & Pensions (Department of Personnel and Training) New Delhi, dated the 18th November, 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 OM dated 29th September, 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.

4 sd/- (Raj Bala Singh) Under secretary to the Govt. of India No /2/2008-Estt.(L) Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training New Delhi, the 2nd December, Subject:- Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations Clarification 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, It is further clarified that child care leave sanctioned prior to issuance of O.M. No /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/ Hindi version will follow. sd/- (Simmi R. Nakra) Director No.13018/2/2008-Estt.(L) Ministry of Personnel, Public Grievances & Pensions (Department of Personnel and Training)

5 New Delhi, dated the 16th November, 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, It is further clarified that child care leave sanctioned prior to issuance of O.M. No /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/ Hindi version will follow. (Simmi R. Nakra) Director No /1/2010-Estt. (Leave) Ministry of Personnel, P.G. and Pensions (Department of Personnel & Training) Office Memorandum New Delhi, the 7 th September, 2010 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

6 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 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 No /1/2010-Estt. (Leave) Ministry of Personnel, P.G. and Pensions (Department of Personnel & Training) New Delhi, the 30 th December, 2010 Subject: Child Care Leave to Central Government employees - regarding The undersigned is directed to say that subsequent to issue of this Department OM of even number dated 07/09/2010, this Department has been receiving references from

7 various Departments, seeking clarifications. The doubts raised are clarified as under:- 1. Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as 'Urgent Work' but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated? Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leave availed specifically for this purpose only should be converted Whether all Earned Leave availed irrespective of number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year (for example 30 days CCL from 27 th December), whether the Leave should be treated as one spell or two spells'? No. As the instructions contained in the OM dated has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences. 3. Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child Care Leave for the remaining period of the current year'? No. As per the OM of even number dated , Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases may not be reopened. 4. Whether LTC can be availed during Child Care Leave? LTC cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

8 Hindi version will follow. s/d (Simmi R. Nakra) Director CCS (Leave) (Fourth Amendment) Rules, [TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY. PART II. SECTION-3, SUB-SECTION (i)] Ministry of Personnel. Public Grievances and Pensions Department of Personnel and Training Notification New Delhi, the 27th August G.S.R In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, namely :- 1. (i) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules (2) They shall come into force on the date of their publication in the official Gazette. 2. For rule 43-Col the Central Civil Services (Leave) Rules, the following rule shall be substituted, namely: 4 3 C(I). Subject to the provisions of this rule, a woman Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of 730 days during her entire service for taking care of her two eldest surviving children. whether for rearing or for looking after any of their needs, such as education, sickness and the like. (2) For the purposes of sub rule (I). child means

9 (a) a child below the age of eighteen years: or (b) a child below the age of twenty two years with a minimum disability of forty per cent as specified in the in Ministry of Social Justice and Empowerment s Notification No.16-18/97-NI.I. dated the 1st June (3) Grant of child care leave to a woman Government servant under sub-rule (I) shall he subject to the following conditions namely: (i) it shall not he granted for more than three spells in a calendar year: (ii) it shall not he granted for a period less than fifteen days at a time: and (iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer. Provided that the period for which such leave is sanctioned is minimal. (4) During the period of child care leave, the woman Government servant shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. (5) Child care leave may he combined with leave of any other kind. (6) Notwithstanding the requirement of production of medical certificate contained in sub-rule (I) of rule 30 or sub-rule (I) of rule 31, leave of the kind due and admissible (including commuted Leave not exceeding sixty days and Leave Not Due) upto a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1). (7) Child care leave shall not he debited against the leave account. [F.No /4/2011-Estt.(L) sd/- (Mamta Kundra) Joint Secretary to the No. 2(9)12012-E.II(B) Ministry of Finance Department of Expenditure New Delhi, 27th August 2012

10 Subject- Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) - Reg. The undersigned is directed to refer to Para 6(a)(i) of this Ministry s O.M.No.2(37)- E.II(B)/64 dated , as amended from time to time, on regulation of House Rent Allowance during Leave which stipulates that a Government servant is entitled to draw HRA...during total leave of all kinds not exceeding 180 days and the first 180 days of the leave if the actual duration of leave exceeds that period, but does not include terminal leave,... It has also been stipulated, thereunder, that drawal of the allowance (HRA) during the period of leave in excess of first 180 day availed of on grounds other than medical grounds mentioned in sub-para (ii), shall be subject to furnishing of the certificate prescribed in Para 8(d) of the O.M. ibid. 2. This Ministry has been receiving representations from the female employees that certain Central Government Ministries / Department / Establishments are not allowing HRA during the Child Care Leave (CCL), especially when taken in continuation of Maternity Leave of 180 days. The reason for their reluctance may be the fact that CCL has been first introduced on the recommendations of the 6th Central Pay Commission, though the Department of Personnel & Training (DoPT), vide their O.M.No 13018/1/2010-Estt.(Leave) dated inter-alia, reiterated that the leave (CCL) is to be treated like Earned Leave and sanctioned as such. 3. It is, therefore, clarified that the total leave of all kinds as referred to in Para 6(a) of this Ministry s OM dated ibid, will include Child Care Leave for regulating grant of HRA during leave, subject to fulfiment of all other conditions stipulated thereuder, from time to time. It is also clarified that drawal of HRA during leave (including CCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing of the certificate prescribed in Para 8(d). 4. These orders take effect from HRA during CCL, if not paid to women employees who are entitled to it as per this clarification, may be reconsidered, if so requested by the concerned employee. 5. Hindi version is also attached. sd/- (Anil Sharma) Under Secretary to the