Child Care Leave for Central Government Employees
Central Government is more conscious about women employees. All the recommendations are accepted given by the 7th pay commission and implemented for women employees in Central government departments! Child Care Leave (CCL) is granted for more than two years (730 days) during their entire service. This is a great facility to provide more concentration for their family! If a disabled child, there is no age limit! CCL can take three spells in a calendar year. In the case of a single female Government servant, the grant of CCL in three spells in a calendar year shall be extended to six spells in a calendar year.
7th CPC Child Care Leave
Female Government servants appointed to the Civil Services and posts in connection with the affairs of the Union are eligible for Child Care Leave (CCL) under Rule 43-C of the Central Civil Services (Leave) Rules, 1972 as follows:
(i) For a maximum period of seven hundred and thirty days during the entire service for taking care of two eldest surviving children up to the age of 18 years.
(ii) No age limit in case of a disabled child.
(iii) For not more than three spells in a calendar year.
(iv) In the case of a single female Government servant, the grant of CCL in three spells in a calendar year shall be extended to six spells in a calendar year.
As per Rule 43-C (3) CCL shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied with the need of CCL to the probationer, provided the period for which such leave is sanctioned is minimal.
In terms of Rule 43-C of CCS (Leave) Rules, 1972, CCL cannot be demanded as a matter of right, and under no circumstances can any employee proceed on CCL without prior approval.
7th Pay Commission Report on Child Care Leave (CCL)
Child Care Leave or 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). There are several demands relating to Child Care Leave 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 liberalizing the grant of Child Care Leave. Interestingly, representations have also been made for discontinuance of the Child Care Leave, primarily on the grounds that it disrupts office work and also because it promotes gender discrimination.
7th CPC Analysis and Recommendations on CCL
When Child Care Leave 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 stabilize 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 a minimum period of 15 days of Child Care Leave.
It has been brought to the notice of the Commission that the capping of a maximum of 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 Child Care Leave should be granted at 100 per cent 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, is Report of the Seventh CPC 365 Index recommended that for such employees, the constitutionality of three spells in a calendar year should be relaxed to six spells in a calendar year.
How to Claim Child Care Leave in Central Government Services?
As per the Service Record, the employees (Male or Female) having minor children may be admissible Child Care Leave for rearing or any of their requirements like education, sickness etc
80 Percent Salary on CCL Calculation as per Dopt Order
As per the Dopt order issued on 30 August 2019, CCL may be granted 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days
What is the purpose of CCL?
The purpose of Child Care Leave is to take care of “up to two children for rearing or to look after any of their needs like examination, sickness etc.
Dopt Orders on CC Leave
Grant of 10 days CL – Who are not entitled to 17 holidays: According to the notification on holidays by Dopt, 14 days of compulsory holidays and the addition of three days.
Single Male Employees to get Child Care Leave
Single Male Employees working in Central Government Services and having up to two dependent children will be entitled to 730 Days of CCL during their entire service. Child Care Leave for Fathers in Central Govt Employees – Gazette Notification issued by DoPT on 11 December 2018.
LTC may be availed even if he is on Child Care Leave
Child Care Leave can be granted at 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days. DoPT reforms regarding Child Care Leave While briefing about some of the major reforms brought by the Department
Child Care Leave to Single Male Defence Industrial Employees
Extension of Child Care Leave benefit to the single male Defence Civilian Industrial employees at par with female Defence Civilian Industrial employees – Orders issued by the Department of Defence on 22 January 2020 Also read: Child Care Leave
Amendment on CCS (Leave) Rules 1972
As per the amendment of CCS (Leave) Rules 1972, the CCL may be granted at 100% of the leave salary for the first 65 days and 80% of the leave salary for the next 365 days. CCL may be extended to single male parents who may include unmarried or widower or divorcee employees. For Single female Government servants, the CCL may be granted for six spells in a calendar year. However, for other eligible Government servants, it will continue to be granted for a maximum of 3 spells in a calendar year.
Ration Money Allowance During Child Care Leave
During CCL, RMA would be as admissible at full rate for the first 60 days and at half rate for the next 60 days of CCL to non-gazetted RPF/RPSF personnel. No RMA will be admissible beyond 120 days if CCL is availed for more than 120 days at a stretch.
Child Care Leave – Frequently Asked Questions (FAQs)
|Who among the employees may be granted CCL by an authority competent to grant leave?||Female railway employees.|
|From which date this facility is available?||From 01.09.2008|
|What is the purpose of CCL?||Purpose of CCL is taking care of “up to two children for rearing or to look after any of their needs like examination, sickness etc.|
|What is the maximum period of CCL that can be availed during entire service period?||CCL can be given for a maximum period of two years (i.e., 730 days) during entire service period.|
|Can a female employee get 730 days CCL for each of 2 children separately?||No. 730 days leave is for entire service period.|
|Can CCL be admissible to mother of a child of any year of age?||CCL is not admissible if the child is eighteen years of age or older.|
|What amount of salary is admissible to the woman employee during CCL period?||During the period of CCL the woman employee shall be paid leave salary equal to the pay drawn immediately before proceeding on leave|
|Should CCL be availed in one spell only?||CCL can be availed of in more than one spell.|
|Should CCL be debited against leave account?||No. CCL shall not be debited against the leave account|
|Can CCL also be allowed for third year as leave not due (without production of medical certificate)?||Yes. CCL may also be allowed for third year as leave not due (without production of medical certificate).|
|Can CCL be combined with leave of the kind due and admissible?||Yes.|
|If a Woman employee has got more than 2 surviving children of less than 18 years of age, CCL can be given against whom?||CCL shall be admissible for two eldest surviving children only.|
|How the CCL should be maintained in Service Record.||CCL should be maintained in specific proforma as issued by Rly. Bd. (RBE No. 158/08, circulated by CPO Serial No. 132/08) and it should be kept along with the Service Book.|
|Can CCL may be demanded as a matter of right?||No. CCL cannot be demanded as a matter of right.|
|Can CCL may be given as post-facto?||Under no circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority.|
|For sanctioning and such purposes, how should CCL be treated?||CCL is to be treated like earned leave and sanctioned as such.|
|Should Saturdays, Sundays, Gazetted Holidays etc. falling during the period of leave would also count for CCL, as in case of Earned Leave?||Saturdays, Sundays, Gazetted Holidays, etc. falling during the period of leave would also count for CCL, as in case of Earned Leave.|
|How CCL will be treated prior to 18.11.08? Whether CCL to be adjusted with any kind of leave and the procedure of deduction?||CCL sanctioned prior to 18.11.08 shall be treated as CCL and shall be deducted from CCL account. No adjustment against any other kind of leave shall be made in this regard.|
|For how many spells CCL may be granted?||CCL may not be granted for more than 03 spells in a calendar year.|
|What is the minimum period for the grant of CCL for a single spell?||CCL may not be granted for less than 15 days in one spell.|
|Whether CCL should be granted during the probation period?||CCL should not be granted during the probation period except in case of certain extreme situations.|
|Whether Leave on Average pay 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, leave on average pay availed specifically for this purpose only should be converted.|
|Whether all Leave on Average pay 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 examples 30 days CCL from 27th December), whether the leave should be treated as one spell or two spells?||No. As the instructions contained in this office letter dtd. 4.10.2010 ibid have been given retrospective effect, all the conditions specified therein would have to be fulfilled for conversion of the Leave on Average Pay in to 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.|
|Whether those who have availed Child Care leave for more than three spells with less than 15 days can avail further Child Care Leave for the remaining period of current year?||No. As per the instructions contained in this office letter dtd. 4.10.2010 ibid, CCL may not be granted in more than three spells. Hence, CCL may not be allowed for more than three times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases need not be reopened.|
|Whether encashment of leave admissible in terms of Rule 540-A, Indian Railway Establishment Code Vol.-I, 1985 edition can be availed during Child Care Leave?||The benefit of encashment of Leave on Average Pay admissible in terms of Rule 540-A, Indian Railway Establishment Code Vo.-I, 1985 edition cannot be avail during Child Care Leave as the same is granted for the specific purpose for taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.|
|Grant of maximum/minimum leaves up to which, child care leave can be sanctioned in one spell.||1 & 2 maximum limit of CCL is 730 days and the minimum limit is 15 days CCL cannot be avail more than three times in a year.|
|Whether there should be any minimum gap in between one spell to another spell|
|Whether any vacancy arising out of child care leave for a period of one year and more can be filled through promotion||Same procedure my be followed as is followed in case of vacancy arising out of LAP|
|Is Child Care Leave admissible in aspect of adopted minor children||Since the instructions regarding the grant of CCL do not differentiate between the adoptee mother and biological mother, CCL may be sanctioned to adoptee mother also subject to fulfillment conditions stipulated for grant of this leave.|
|How/when does LAP/LHAP gets credited to the leave account of the employees proceeding on CCL? Is it to be created on 1st January and 1st July respectively as per extant practice?||LAP and LHPA may be credited as per extant practice.|
|As per extant rules leave of any kind can be availed to a maximum of five years at a starch, whether CCL also to be included in the admission of give years?||CCL is to be included in the ambit of five years.|
|Is the female railway servant proceeding on CCL eligible for HRA, if so for what period?||In terms of the provisions contained in Rule 17-7(i) & (ii) of IREC Vol.-II, HRA would be admissible to female railway servants proceeding on CCL|
|Whether Lady Officers proceeding on CCL retain their Bungalow peons and up to what period?||Since CCL is to be treated like LAP, the rule applicable for retraining the facility of Bungalow peon during LAP may also be followed in the case of an employee proceeding on CCL.|
|Whether female employees proceeding on CCL will receive the annual increment in the normal course even in case the leave period exceeds more than a year as a single spell||The provisions contained in Rule 1320 (b) (i) and (ii) IREC Vol. II may be applicable in the case of CCL also. If the railway servant is on CCL on the day of the increment, the increment will come into effect only on the date she reports for duty.|
|CCL may be granted in how may spell in a Calendar year||Three spells|
|What is the minimum number of days in one spell of CCL||Fifteen days|
|Is CCL admissible during the probation period?||Should not ordinarily be granted except in the certain extreme situations|
|If any woman employee availed LAP for the purpose of child care before issue of the Railway Board’s letter, but not before 1.9.2008, can it be treated as CCL?|
|For mothers of disabled child, CCL is applicable up to what age of the such child||22 years, subject to a minimum disability of 40 % as elaborated in the Ministry of Social Justice & Empowerment’s notification No.16-18/97-N.I dated 1.6.2011|
|If a woman employee has LHAP in her credit should he get CCL, if she is otherwise eligible?||Yes,|
|If a woman employee has LAP in her credit should he get CCL, if she is otherwise eligible?||Yes.|
|If CCL is sanctioned, can the woman employee extend this leave?||CCL is always a pre-sanctioned leave. Any CCL beyond the already sanctioned leave would be treated as another spell of leave (CCL) and it requires prior sanction.|
|If CCL is started in the month of Dec. and the spell continues to Jan of the next year, then whether this should be treated as a spell of CCL of the previous year or the next one?||The CCL must have been sanctioned in the month of Dec of the previous year or before. Therefore, this will be treated as the spell of the year when it started.|