Child Care Leave

REJECTING CHILD CARE LEAVE WITHOUT PROPER REASON - FACE LEGAL ACTION

Child care leave created happiness among all women employees . A woman is the backbone of the family. Some critical situation might arise when children are deceased or to attend board examination to enter higher studies. Availing Leave is the only remedy to handle this situation.

Nowadays scoring high marks in board examination only determine the admission in good colleges.

The 7th Pay commission recommends CCL can be granted to women employees in central government service 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 up to two children. During this period women will be paid leave salary equal to the pay drawn immediately before proceeding on leave. As per 7th pay commission recommendations employees will get full salary for 365 days only and the remaining days with 80 percent of salary.

Actually getting CCL is not so easy. Some departments right away, rejecting the leave application. The reason behind this is, acute shortage of staff to run the office. Even though there are enough number of employees to take care of the office ,the leave sanctioning authority rejecting the application.

CCL is not a basic right, even though Central government approved the CCL recommendations for women's welfare because women are the only best and real support for the family.

In most of the cases women employees will not move to court to get justice in this regard. Because they have to be very cautious after filed complaint against higher officials. They may have to face action like Transfer in the future

Central government must interfere in this matter and form a committee to analyzing the situation. Then only woman employees will get appropriate result in this. One more thing they can always do that to use RTI to get full details of the application received and no of applications rejected by the authorities with the reasons. It will help women employees to reach a solution in child care leave matters.

National commission for women will assist for Generation of legal awareness among women, thus equipping them with the knowledge of their legal rights and with a capacity to use these rights.

Child Care Leave – Frequently Asked Questions

[Q] Who are entitled for Child Care Leave?

[A] 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 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.

[Q] Am I eligible to draw Salary for the period for which Child Care leave is availed?

[A] During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

[Q] Whether CCL can be debited against any other type of Leave admissible to the employee?

[A] 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).

[Q] Whether Child Care Leave can be combined with any other leave?

[A] It may be combined with leave of the kind due and admissible.

[Q] Whether Child Care Leave is applicable for third child?

[A] :- No. CCL is not applicable to third Child.

[Q] How to maintain Child Care Leave account?

[A] The leave account for child care leave shall be maintained in the proforma prescribed by Govt, and it shall be kept alongwith the Service Book of the Government servant concerned.

[Q] Whether CCL can be claimed as a matter of right?

[A] 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.

[Q] Whether we can prefix or suffix Saturdays, Sundays, and Gazetted holidays?

[A] As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave.

[Q] Should we have any Earned Leave in Credit for the purpose of taking Child Care Leave?

[A] There was a condition envisaged in the Office Memorandum relavant to Child Care Leave to the effect that CCL can be availed only if the employee concerned has no Earned Leave at her credit. However, this condition was withdrawn by the Government and as such there is no need for having EL in credit to avail CCL.

[Q] Whether CCL can be availed without prior sanction?

[A] Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.

[Q] Can we avail CCL for the children who are not dependents?

[A] The Child Care Leave would be permitted only if the child is dependent on the Government servant.

[Q] Is there any other conditons apart from the total number of holidays and the age of the child?

[A] The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.

Further, 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.

[Q] 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?

[A] Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leabe availed specifically for this purpose only should be converted.

[Q] 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 27th December, whether the Leave should be treated as one spell or two spells’?

[A] No. As the instructions contained in thc OM dared 7.9.2010 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 thc next year, it may be treated as one spell against the year in which the leave commences.

[Q] Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child C31.e Leave for the remaining period of the current year’?

[A] No. As per the OM of even number dated 7.9.2010, 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.

[Q] Whether LTC can be availed during Child Care Leave?

[A] LTC cannot be availed during Child Care Lcave 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.

[Q] Whether Child Care Leave is applicable to All India Services?

[A] Yes. Child Care Leave is applicable to employees under All India Services.

Child care leave to be applied for in advance: Punjab and Haryana 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

CHILD CARE LEAVE (CCL) IN RESPECT OF CENTRAL GOVT. EMPLOYEES.

Copy of Directorate letter No. 51-3/2011-SPB-II dated 10^th May, 2012 addressed to all the Heads of Circles is reproduced below:

I am directed to refer to this office letter of even number dated 15.6.2011 on the subject mentioned above and to say that Unions, in the meeting with Secretary (Posts) on 10.1.2012 and 12.1.2012, pointed out that the instructions issued vide ibid letter are not being followed strictly.

It is, therefore, again requested to please ensure that the cases of grant of Child Care Leave are liberally dealt with as per the instructions of Government of India as mentioned in the letter referred to above.

Sd/-

(Raj Kumar)

Director (Staff)

Clarification on Children Education Allowance.

No. 20011/5/2008-AIS-II

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi-110001

Dated the 25th July, 2011.

To
The Chief Secretaries of all the
State Governments/UTs.

Subject:- Clarification on Children Education Allowance.

Sir,
   I am directed to enclose herewith a copy of this Department’s O.M.No.21011/16/2009-Estt.(AL)

, dated 17th June, 2011 and to state that clarification issued by the Central Government on Children Education Allowance
vide this O.M. would also be applicable in respect of All India Services officers.

Yours faithfully,

sd/-

(Yash Pal)

Desk Officer

Source:www.persmin.gov.in

INTRODUCTION OF CHILD CARE LEAVE (CCL) IN RESPECT OF CENTRAL GOVT. EMPLOYEES.

D.G. Posts No. 51-3/2009-SPB-II dated 15.06.2011.

I am directed to refer to the Department of Personnel & Training's OM No. 13018/2/2008-Estt. (L) dated 11.9.2008 followed by clarifications issued by them from time to time vide their OMs dated 29.9.2008, 18.11.2008, 2.12.2008, 7.9.2010 and 30.12.2010 on the subject mentioned above and to say that it may be insured that the cases of grant of child care leave are promptly dealt with as per the instructions of Government of India issued vide above referred Office Memoranda .

The said Office Memoranda can be down loaded from the website of Department of Personnel & Training i.e. www.persmin.nic.in for further reference.
Sd/-
(B.P.Sridevi)
Director (Staff)

Child Care Leave --- Clarification

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

New Delhi, the 7^th September, 2010

 Office Memorandum

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

The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances Cell/Associations etc requesting to review the decision to allow Child Care Leave (CCL) only if the employee has no E.L. at her credit.

2. This Department's O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of CentralGovernment employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 18/11/2008 and 2/12/2008 were reviewed.

It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-

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

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

(iii) CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

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

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

5. Hindi version will follow.

 (Simmi R.Nakra)
Director