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Showing posts with label Leave Rule-CCL. Show all posts
Showing posts with label Leave Rule-CCL. Show all posts

Friday, January 10, 2014

CHILD CARE LEAVE to Central Government Female Employees


CHILD CARE LEAVE 

Introduction of child care leave in respect of Central Government employees as per recommeded in the sixth Central Pay Commission, women employees having minor children may be granted CCL by an authority competent to grant leave for a maximum period of 730 days during their enitre service for taking care of up to two children, whether for rearing or to look after any of their needs like examination, scikness etc. Hence Earned Leave availed specifically for this purpose only should be converted. Child Care Leave shall not be admissible if the child is eighteen years of age or older.

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. After consideration of all the views, Dopt declared, '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'.

In further, Dopt orders said that "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. The leave is to be treated like the Earned Leave and sanctioned as such. Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned Leave. CCL can be availed only if the employee concerned has no Earned Leave at her credit.

and also instrcuted as "CCL may not be granted in more than 3 spells in a calendar year. CCL may not be granted for less than 15 days. 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.

Thursday, March 28, 2013

FAQ on Leave - Earned, Commuted, Paternity, Study, Child Care and Leave Encashment on LTC




In this post you will read Frequently Asked Question (FAQ) on following various type of leave matters issued by Department of Personnel & Training, published by DoPT on 25-03-2012, Please scroll down to read full:-
  1. FAQ on General entitlement of leave
  2. FAQ on Leave Encashment with LTC
  3. FAQ on Encashment of Earned Leave on joining Central Government from PSUs & vice versa
  4. FAQ on Leave Encashment on Suspension/Dismissal/Removal
  5. FAQ on Interest on Leave Encashment
  6. FAQ on Study Leave
  7. FAQ on Paternity Leave for Child Adoption/Child Adoption Leave
  8. FAQ on Child Care Leave
  9. FAQ on Commuted Leave

No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
Establishment (Leave) Section
  
General entitlement of leave


Sl. No.
Frequently Asked Question
Answer
1
What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))
2.
What are the leave entitlements of Govt. servants serving in a vacation regulates Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-
(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.
(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.
(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.
  • For the purpose of this rule, the term meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.
  • A Government servant entitledto vacation shall be considered to have availed himself of avacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation:
  • Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.
  • When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.
  • As per Rule 29(1) the half payleave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of everycalendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008








Leave Encashment with LTC
Sl. No.
Frequently Asked Question
Answer
1.
Whether encashment of leave is allowed after LTC is practice,availed?
Sanction of leave encashment should, as a be done in advance, at the time of sanctioning the LTC. However, ex-post- facto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.
2.
Whether encashment of leave with LTC can be availed at the time when the LTC is availed the Government servant only or can leave be encashed at the time when LTC is availed by family members?
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or by when his family avails it provided other conditions are satisfied.
3.
Whether leave encashment should be revised onretrospective revision ofpay/D.A?
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.
4.
Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?
The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half PayLeave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006 {O.M No. 12012/3/2009- Estt.(L) dated 28-12-2012)

  
Encashment of Earned Leave on joining Central Government from PSUs & vice versa
Sl. No.
Frequently asked Questions
Answer
1.
Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?
Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.
2.
Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?
Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period.
3.
Whether cash equivalent of leave salary in case of permanent absorption PSU/Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a in Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalentof leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012 )

  
Leave Encashment on Suspension/Dismissal/Removal
Sl. No.
Frequently asked Question
Answer
1.
Whether leave encashment be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such ca ases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave ncashment in the case of a Govt. servant who retires from service on attaining the ge of superannuation while under uspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of ome money becoming recoverable from him on conclusion of the proceedings gainst him. On conclusion of the proceedings he/she will become eligible to he amount so withheld after adjustment of Government dues, if any.
2.
Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, service?
A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the from date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

  
Interest on Leave Encashment
Sl. No.Frequently asked QuestionAnswer
1.Whether interest is payable on delayed payment of leaveNo. There is no provision in the CCS Leave) Rules 1972 for payment of interest

 
Study Leave
Sl. No.Frequently asked QuestionAnswer
1.What is the maximum amount study leave which can be other availed?The maximum amount of study leave for of than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.
2.Whether study leave can be clubbed with other leave?Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)
3.What is the validity period of bond to be executed by the Government servant while proceeding on study leave?Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).
4.Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

 
Paternity Leave for Child Adoption/Child Adoption Leave
Sl. No.Frequently asked QuestionAnswer
1.How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption LeaveAs per notes below rules 43AA and 43B Child" for the purpose will include a child aken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is reated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'.

 
Child Care Leave
Sl. No.Frequently asked QuestionAnswer
1.Whether women employees of Public Sector undertakings/ Bodies etc. are entitled toOrders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ CCL? Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.
2.Whether Govt. servant can be permitted to leave station/go abroad while on CCL?Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.
3.What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL. ' The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C}
4.Whether child care leave has been extended to female industrial employees?Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.

Commuted Leave
Sl. No.Frequently asked QuestionAnswer
1.Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

 
(S. G. Mulchandaney)
Under Secretary
 
 
Courtesy : http://karnmk.blogspot.in/

Monday, December 31, 2012

Grant of Child Care Leave - Woman employees cannot demand as a matter of right-Clarification



GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS / RAIL MANTRALAYA 
(RAILWAY BOARD)
No. E(P&A)I-2012/CPC/LE-5
New Delhi, dated 17.12.2012
The General Secretary, NFIR,
3, Chelmsford Road, New Delhi – 110055.

Dear Sir

Sub: Grant of Child Care Leave without any reason.

The undersigned is directed to refer to your letter No. 1/5(f) dated 14.11.2012 and to state that as per the extant instructions contained in Board’s letter dated 23.10.2008 and 12.12.2008, woman railway 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. and that Child Care Leave cannot be demanded as a matter of right.

Therefore, in order to enable the competent authority to decide on the application for CCL, reasons have to be mentioned and this condition cannot be dispensed with. Moreover, DOP&T has issued instructions in this regard which have been adopted in toto for the female railway employees. In the circumstances, Ministry of Railways also cannot unilaterally alter the purpose for which Child Care Leave is introduced to female railway employees.

In light of this, the demand is not feasible for acceptance.

Yours faithfully 
sd/-
for Secretary, Railway Board.
Source: http://nfirindia.com/

Friday, August 03, 2012

Central Civil Services (Joining Time) Rules 1979 - DOPT issued orders



In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:— 

1. Preliminary

   (1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.
   (2) They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.
   (3) These rules shall apply to all Government servants appointed in Civil Services and posts under the Central Government including work-charged staff but shall not apply to -
      (a) Railway employees,
     (b) Armed Forces Personnel and those paid from the Defence Services Estimates,
    (c) Government servants engaged on contract and those who are not in whole-time employment of Government.
     (d) Government servants, paid out of contingencies.

2.(1) When a Government servant to whom these rules apply is transferred to the control of another Government or organization, which has made separate rules prescribing amount of joining time, his Joining Time for the journey o join his post under that Government /organization and for the return journey, will be governed by those rules, unless different provisions are expressly made in the terms of deputation/foreign service by mutual agreement between the lending and borrowing authorities.
   (2) The Joining Time of railway employees, Armed Forces Personnel and those paid from Defence Services Estimates and the employees of State Government or any other organization who are appointed to Civil Services and posts under the Central Government on deputation or on foreign service basis, shall, for joining the Civil Services and posts under the Central Government and for the return journeys, be regulated in accordance with these rules, unless different provisions are expressly made in their respective terms, of deputation/foreign service, by mutual agreement between the lending and borrowing authorities.

3. Definitions

   Unless there is Something repugnant in the subject or context, the terms defined in these rules are used in these rules in the sense hereinafter explained:-
   (a) “Department of Government of India” means a Ministiy or Department of the Central Government as notified from time to time and any other authority which exercises the powers of a Department/Ministry of the Government of India.
[ In respect of the persons serving in the Indian Audit and Accounts Department, the Comptroller and Auditor-General of India shall exercise the same powers as the Ministries/Departments of Government of India, under these rules. ]
   (b) “Head of Department” means the authority declared as such under the Delegation of Financial Powers Rules, 1978. In the case of the Indian Audit and Accounts Department, Head of Department means the authority declared as such by the Comptroller and Auditor-General of India.
   (c) “Joining Time” means time allowed to a Government servant in which to join a new post or to travel to a Station to which he is posted.
   (d) “Transfer” means the movement of a Government servant from one post to another either within the same Station or to another station to take up duties of a new post or in consequences of change of his headquarters.

4. Joining Time

   (1) Joining time shall be granted to a Government servant on transfer in public interest to enable him to join the new post either at the same or a new station. No joining time is admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed.
   (2) The surplus staff transferred from one post to another under the Scheme Regulating Redeployment of Surplus Staff shall be eligible for joining time.
   (3) Government servants who are discharged due to reduction of establishment from one Central Government office and reappointed to another Central Government office shall be entitled to joining time, if the orders of appointment to the new post are received by them while working in the old post. If they are appointed to the new post after being discharged from the old post, the period of break may be converted into joining time without pay by the Head of Department, provided that the break does not exceed 30 days and the Government servant has rendered not less than 3 years continuous service on the date of his discharge.
   (4) For appointment to posts under the Central Government on the results of a competitive examination and/or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time under these rules. But temporary employees of the Central Government who have not completed 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay.
   5. (1) The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon.
   (2) The joining time shall be calculated from old headquarters in all cases including where a Government servant receives his transfer orders or makes over charge of the old post in a place other than his old headquarters, or where the headquarters of a Government servant while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer.
   (3) Not more than one day’s joining time shall be allowed to a Government Servant to join a new post within the same station or which does not involve a change of residence from one station to another. For this purpose, the term ‘same station’ will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of suburban municipalities. notified areas or cantonments as are contiguous to the named municipality. etc.
   (4) In cases involving transfer from one Station to another and also involving change of residence, the Government servant shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode(s) of travel as indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).
Distance between the old headquarters and the new  headquarters
Joining Time admissible
Joining Time admissible where the transfer necessarily involves continuous travel by road for more than 200 kms:
1,000 km or less 
10 days
12 days
More than 1,000 km
12 days
15 days
More than 2,000 km
15 days except in cases of travel by air for which the maximum will be 12 days.                                  
15 days

NOTE.— Distance means actual distance and not weighted mileage for which fare is charged by the Railways in certain ghat/hill sections.
   (5) Extension of joining time beyond the limits indicated in Rule 5 (4) can be granted up to the maximum limit of 30 days by the Head of Department and beyond 30 days by the Department of the Government of India, the guiding principle being that the total period of joining time should be approximately equal to 8 days for preparation plus reasonable transit time plus holidays, if any, following the extended joining time. While computing the transit time, allowance could be made for the time unavoidably spent due to disruption of transport arrangements caused by strike or natural calamities, or the period spent awaiting the departure of the steamer.
   6. (1) When a Government servant joins a new post without availing full joining time by reasons that:-
   (a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or
   (b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family;
   the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave:
   Provided that the earned leave at his credit together with the unavailed joining time allowed to be so credited shall not exceed 240 days.
   (2) Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.
   (3) If a Government servant in transit on transfer is directed to proceed to a place different from that indicated in the initial transfer orders, he shall be entitled to joining time already availed of up to the date of receipt of revised orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place, at which he received the revised orders as if he is transférred from that place.

7. Joining Time pay

   A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.

8. Miscellaneous

   Where any Ministry / Department of Government of India is satisfied that the operation of any of these rules causes undue hardship to any particular case, that Ministry or Department of the Government of India may by order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that no such order shall be made except with the concurrence of the Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
   9. If any doubt arises as to the interpretation of these rules, it shall be referred to the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
   10. All rules and instructions on the subject of joining time in force immediately before commencement of these rules and applicable to Government servants to whom these rules apply, are hereby repealed.

GOVERNMENT OF INDIA’S ORDERS

   (1) Transit Time /Joining Time to cover journey from / to a remote locality while proceeding on/or returning from leave.— With the promulgation of the Central Civil Services (Joining Time) Rules, 1979, certain provisions of FRs and SRs and Government Orders thereunder relating to transit time / joining time admissible to Government servants to cover journeys from to a remote locality while proceeding on/or returning from leave or on transfer became inoperative. As regards joining time to remote localities on transfer, no difficulty was anticipated because Heads of Departments could allow joining time under Rule 5 (5) of the CCS (Joining Time) Rules, 1979. As regards joining time to remote localities during leave, it was proposed to make suitable provisions in the Central Civil Services (Leave) Rules. Pending amendment to the Leave Rules, some administrative instructions were issued vide this Department’s Office Memorandum No. 21011/12/79-Allowances, dated the 16th November, 1979 and No. 19011/30/81-Allowances, dated the 13th October, 1981 (not printed). Since revision of the Leave Rules has not been finalized, the following administrative instructions are issued in supersession of those Office Memorandums to cover cases of journey to/from remote localities while on leave:-
   (i) A Government servant proceeding on leave from/to a place in the remote locality mentioned in Column 1 of the Annexure to this OM or returning from leave to/from the said place shall be entitled, once in a calendar year, to transit time each way to cover the period spent in journey between the said remote locality and the specified station at the scale prescribed in Column 3 of 
that Annexure.
   (ii) The concession is also admissible, while on leave, to a Government servant
   (a) who is domiciled in any part of India other than the remote locality concerned and has been specifically recruited from outside for service in remote locality, and
   (b) who, though not specially recruited outside the Union Territory of the Andaman and Nicobar Islands or the Union Territory of the Lakshadweep, as the case may be, for service in the respective Union Territory, is domiciled in any part of India other than the Union Territory concerned.
   (iii) A Government servant domiciled in the Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and proceeding on leave to his home town in another Island of the Union Territory concerned, shall be entitled, once in a calendar year, to transit time to cover the period spent in journey by sea to the island in which his home town is located and vice versa while returning from leave. The transit time thus admissible shall be the actual number of days taken in the journey by sea subject to a maximum of seven days for each journey.
   (iv) Where the outward journey falls in one calendar year and the return journey falls in the succeeding calendar year, the concession shall be counted against the calendar year in which the leave commences. In calculating transit time, holidays falling before or at the end of it shall be excluded while those falling during transit time shall be included.
   (v) A Government servant domiciled in the Union Territory of Andaman and Nicobar islands or the Union Territory of Lakshadweep and recruited for service in the respective territory, when posted for service on mainland in public interest shall be entitled joining time, once a year, while proceeding to and returning from the Union Territories of Andaman & Nicobar islands and Lakshadweep on leave.
   (vi) A Government servant, domiciled in any part of India other than Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and recruited whether within or outside that Union Territory for service there, while proceeding on leave from his post in one island in that Union Territory to his home town on the mainland to join his post in another island in that Union Territory shall be entitled to joining time on the same scale as provided in Para. I (i) above.
   2. When a Central Government servant posted in the remote areas spends his leave Outside the Union Territory, the journey time from the place in the remote area to the Specified Station indicated in the Annexure and vice versa will be treated as free joining time if admissible under this Office Memorandum and in addition, the remaining journey time if any, in excess of 2 days could be allowed as free joining time under the provisions of Finance Ministry O.M. No. 20014/3/83.E IV, dated the 14th December, 1983. (See Appendix- 9)
Source – DOPT
ORIGINAL COPY - http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/CCS-01082012.pdf
S

Sunday, May 29, 2011

Now Take Child Care Leave Keeping Earned Leave safe--CCL can be aviled even if the employee concened has Earned Leave at her credit.

         Many queries  have been raised and clarification were sought by our central government  employees regarding the child care leave. As we expected, Now the  Department of Personnel & Training, Ministry of Personnel, P.G. and Pensions, has issued the clarification (OM.No No. 13018/1/2010-Estt. (Leave) dated the 30th December, 2010, regarding the child care leave.The doubts clarified here have also been raised by our viewers time to time. We hope that this DOP & T clarification will clear their doubts.


No. 13018/1/2010-Estt. (Leave)

Government of India

Ministry of Personnel, P.G. and Pensions

(Department of Personnel & Training)

New Delhi. the 30th December, 2010


Sub: 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 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.

2. Whether all Earned Leave availed irrespective of number of days i.e. less than 15 days, and number of spells can he converted? In cases where the CCL spills over to the next year ‘(for example 30 days CCL from 27thDecember), whether the Leave should be treated as one spell or two spells?

No. As the instructions contained in the OM dated 7.9.2010 has been given retrospective effect all the conditions specified in the OM would have to be for fulfilled conversion of the Earned Leave into Child Care   Leave. In cases where the leave spills over to the next ear, 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 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. 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.

 (Simmi R.Nakra)

Director