Grant of Child Care Leave to women Government employees – Clarification issued by DOPT

Latest Child Care Leave Government Order

The esteemed Department of Personnel and Training, under the Government of India, has issued an important communication through O.M. No. 13018/2/2008-Estt.(L) on September 29, 2008. The communication pertains to the grant of Child Care Leave to female employees of the Government and seeks to provide some much-needed clarification in this regard.

The following correspondence pertains to the Department’s O.M. from September 11th, 2008. As per para 1(c), females employed in the department can take Child Care Leave for up to 2 years (730 days) during their tenure if they have children under the age of 18. This leave can be utilized to tend to two children, whether it’s for nurturing purposes or to cater to their medical and educational needs. Recently, the issue of whether this leave can be granted for a third child under the age of 18 has been under consideration, along with the process for granting the leave. The following decision has been reached by the Department.

1. Child Care Leave, a type of leave given to employees to take care of their children, shall be admissible for two eldest surviving children only. This means that if an employee has more than two children, they will only be eligible for this leave for their two eldest children. This policy is in place to ensure that employees are able to take adequate care of their children without compromising their work responsibilities.

2. The leave account for child care leave, which is an essential benefit for working parents, shall be meticulously maintained in the proforma enclosed by the administration. This document shall be kept along with the Service Book of the Government servant concerned, ensuring that the leave entitlements and usage are recorded accurately. This process guarantees that the employee’s child care leave benefits are duly tracked and accounted for, providing a complete record for the employee’s reference and the administration’s monitoring.

As per the regulations mentioned in this rule, a female employee of the Government and a single male employee of the Government can avail child care leave, granted by a competent authority, for a duration of up to seven hundred and thirty days during their entire tenure. This leave can be utilized for the purpose of taking care of their two eldest children who are still alive, be it for nurturing them or tending to their various needs such as education or sickness, among other things.

To clarify sub-rule (1), the term “child” refers to either a minor under eighteen years old or any descendant with a disability of at least forty percent, as outlined in the 1st June 2001 notification from the Government of India’s Ministry of Social Justice and Empowerment.

The female Government servant and a single male Government servant who are seeking a grant of child care leave under sub-rule (1) must comply with certain conditions, as articulated in the DOPT Notification No. 11020/01/2017-Estt. (L), which is dated 11.12.2018.

Childcare leave is subject to certain guidelines that must be adhered to. Firstly, it cannot be granted more than three times within a calendar year. However, if the employee is a single female, the number of spells in a calendar year may be extended to six. Secondly, it is generally not permitted during the probation period unless under certain extreme circumstances where the leave sanctioning authority has deemed it necessary, and the period for which the leave is granted is minimal. Lastly, it is important to note that childcare leave must be taken for a minimum of five days at a time.

Throughout the span of taking care of their child, both a female and a single male government employee will be granted full payment equivalent to one hundred percent of their salary for the initial three hundred and sixty-five days. For the subsequent three hundred and sixty-five days, they will receive eighty percent of their salary.

Interpretation: The term ‘Single Male Government Servant’ refers to an individual who is not married, has lost his spouse, or has gone through a divorce and is employed by the government. Child care leave can be used in conjunction with any other leave type.

In spite of the medical certificate obligation stated in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, it is possible to obtain leave that is due and appropriate (such as Commuted Leave for up to sixty days and Leave Not Due), for a period of up to one year, if requested, to be granted in addition to the child care leave authorized under sub-rule (1). The leave account will not be affected by child care leave.

List of other reference orders issued by DOPT:

• Introduction of Child Care Leave in respect of Central Government employees – Dopt Orders issued on 11.9.2008
• Grant of Child Care Leave to women Government employees – Clarification issued by DOPT
• CCL cannot be demanded as a matter of right – Dopt
• Deduction of Child Care Leave – Confusion clarified by Dopt on 2.12.2008
• Dopt delete the condition of ‘No EL’ at her credit for Child Care Leave
• Clarification as FAQ by DOPT on Child Care Leave
• Permit Child Care Leave to women employees with disabled children upto the age of 22 years – Dopt Orders on 3.3.2010
• Minimum Period of 15 days for availing CCL – Removal order issued by DOPT on 5.6.2014