Grant of Special Allowance for Child Care for Women with Disability-DOPT clarification

A Clarification issued by DOPT in respect of grant of Special Allowance for Child Care for Women with disability vide Memo No.12011/04/2008-Estt.(AL) dated 26/09/2011.

GRANT OF SPECIAL ALLOWANCE

FOR CHILD CARE FOR WOMEN WITH DISABILITY

No. 12011/04/2008-Estt.(AL)

Government of India

Ministry of Personnel, P.G. & Pensions

(Department of Personnel & Training)

New Delhi: Dated 26^th September, 2011

OFFICE MEMORANDUM

Sub: Grant of Special Allowance for child care for women with disability.

The undersigned is directed to refer to this Department's O.M. No.12011/04/2008-Estt.(AL) dated 11^th September, 2008 on the above subject and to state that this Department has been receiving references from various Departments seeking further clarifications. The doubts raised are clarified as under:

(i) Whether the women employees with disabilities shall be entitled for allowance at double the rates for multiple births at the time of first child birth?	No. In case of multiple births at the time of first child birth, the woman employee shall not be entitled to this allowance at double the rate for multiple births.
(ii) Whether the allowance would be admissible for the 3rdchild in case first two children i.e. if the first child (or for that matter the 2nd child) expires before the attaining the age of two years.	It is clarified that the grant of Special Allowance for child care for women with disabilities is admissible for two years from the birth of the child so long as the woman employee does not have more than two surviving children.

Hindi version will follow

Sd/-

(Vibha G. Mishra)

Director

Original Order Copy

CCS (LEAVE) (FOURTH AMENDMENT) RULES, 2011

Original Order

CCS (LEAVE) (THIRD AMENDMENT) RULES, 2011

Original Order

Sanction of Child Care Leave: Instructions regarding

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-110010

No. AN/XIV/19404/Leave Matters/Vol. III

Dated 25- 8-2011

To
All PCsDA/CsDA

Sub: Sanction of Child Care Leave: Instructions regarding

Consequent upon the implementation of 6^th CPC, Child Care Leave to Women Employees of the Central Govt. was introduced w.e.f. 1^st September 2008 vide DoP&T OM No.13018/2/2008-Estt.(L) dated 18-11-2008.

2. DoP&T vide their OM No.13018/2/2008-Estt(L) dated 18-11-2008 have further clarified on the subject that Child Care Leave for women employees is meant to facilitate them in taking care of their children at the time of need. However, it should not disrupt the functioning of Central Govt. Offices. It was further clarified by DoP&T that CCL cannot be demanded as a matter of right and under no circumstances can any employee proceed on CCL without prior approval of leave by the leave sanctioning authority.

3. Instances have come to the notice of this HQrs office, where CCL has been used as a means to dodge unpalatable postings or to avoid functioning in a specific office/section and even to proceed abroad, rather than for the purpose for which CCL was introduced. This goes against the spirit of the Govt. orders on the subject. There have also been instances where even IDAS officers have left their offices ‘in anticipation" of sanction of the CCL.

4. In view of the above, it is requested to all PCsDA/CsDA that the cases of CCL granted to the employees under their jurisdiction may please be reviewed and ensured that the CCL has been genuinely granted for the purpose for which it is meant. It may also be impressed upon all concerned that proceeding on CCL without sanction constitutes misconduct and will invite disciplinary proceedings against the official concerned.

This issues with the approval of CGDA.

Please acknowledge receipt.

sd/-

(Rakesh Sehgal)

Jt.CGDA(AN)

Download OrderSource: www.cgda.nic.in

Combination of holidays with leave - Holidays are prefixed to leave…

Combination of holidays with leave When the day, immediately preceding the day on which a Government servant’s leave (other than leave on medical certificate) begins or immediately following the day on which his leave expires, is a holiday or one of series of holidays, the Government servant shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave specifically withheld) to leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays, provided that–

(a) his transfer or assumption of charge does not involve the handling or taking over of securities or moneys other than a permanent advance;

(b) his early departure does not entail a correspondingly early transfer from another station of a Government servant to perform his duties; and

(d) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

(ii) In the case of leave on medical certificate-

(a) When a Government servant is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated as part of the leave.

(2) On condition that the departing Government servant remains responsible for the moneys in this charge, the Head of Department may, in any particular case, waive the application of Clause (a) of the proviso to sub-rule (1).

(3) Unless the authority competent to grant leave in any case otherwise directs -


(a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and
(b) if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

NOTE.- A compensatory leave granted in lieu of duty performed by a Government servant on Sunday or a holiday for a full day may be treated as a holiday for the above purpose.

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Types of Leave available to Central Govt Employees

A Central Government Employee has may kinds of leave and he has choice to avail any of them. The types of Leave and the eligibility conditions, restrictions etc. in respect of each kind of leave are given below for ready use :

Different Types of Leave available to central government employees :

1. Earned Leave

2. Half Pay Leave

3. Commuted Leave

4. Leave Not Due

5. Maternity Leave

6. Paternity Leave

7. Study Leave

8. Extra Ordinary Leave

9. Casual Leave

10.Child Care Leave

11.Hospital Leave

12.Vocational Department Staff Leave

13: Special Disability Leave

14. Child Adoption Leave

15. Leave to Probationers

16. Leave to Apprentices

1. Earned Leave:- Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave :- All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave:- This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.

It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due:- This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave :- Maternity leave is granted to women government employees.
1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.
2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave :- A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave:- Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.

The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.

The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.

Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave :- Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave :- In a calendar year eight days of casual leave is permissible.
Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.
(ii) It cannot be combined with joining time.
(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.
(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.
(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also.
(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.
(viii) LTC can be availed du ring Casual Leave.
(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave :- Woman employees having minor children may be granted Child CareLeave by an authority competent to grant leave for a maximum period of 730 days (2 years) 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..
Conditions for Child Care Leave
1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.
2. It can be availed in more than one spell.
3. It can not be debited against the leave account.
4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave:- Hospital leave is admissible to Group 'C' employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group 'D' Employees.
Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement :- The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of 'earned leave'.
No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave :- Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.
May be combined with any other leave.
Will count as service for pension.
Will not be debited to the leave account.

14. Child Adoption Leave:- Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.
It may be combined with leave of any other kind. Leave not debited against the leave account.

15. Leave to Probationers :- A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices :- Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship

Courtesy : http://www.gconnect.in/