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Clarification: Child Care Leave (CCL)


An important office memorandum has been issued by Dopt related that the Child Care Leave for Women employees...


The latest DOT Order says that only after exhausting Earned Leave (EL) can avail CCL...! 


When EL comes to an end only the CCL will start…! That is, all the Earned Leave exhaust from her account only after she may take to eligible for CCL. 


On recommendations of sixth pay commission, the CCL was announced to help women employees to take better care of their children and family. But the privilege backfired to several central government departments being like a hill with applications from women employees for CCL. 


This issue is big headache for all departments of head of Sections and petitioned to higher officials being face shortage of employees. DOP&T has now modified the earlier order. The new DOP&T order clearly says that CCL can be availed only if the employee concerned has no Earned Leave in her account. Those who have already taken the CCL will either have to return to office or part with their accumulated with Earned Leave.


It is further clarified that child care leave sanctioned prior to issuance of O.M. No. 13018/2/2008-Estt.(L) dated 18th November, 2008 shall be treated as child care leave and shall be deducted from the Child Care Leave account of the Government servant concerned. 


No adjustment against any other kind of leave shall be made in this regard. The Child Care Leave sanctioned for the period beyond 18/11/2008 shall however be regulated in terms of clarification issued vide O.M. of even number dated 18/11/2008.


The order has been reproduced and given for your ready reference...


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


OFFICE MEMORANDUM

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



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


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


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


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


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

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

180 days.

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


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


6. Hindi version will follow.

sd/-
(Simmi R. Nakra)
Director(P&A)

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_2_2008-Estt.(L).pdf]







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