‘Child Care Leave’ for West Bengal State female Government Employees,

Government of West Bengal

Finance Department

Audit Branch

No: 1364-F(P) Kolkata, the 15th February, 2012.

MEMORANDUM

          Consequent upon recommendation of the Fifth State Pay Commission for introduction of ‘Child Care Leave’ in favour of female State Government Employees, the matter has been under consideration of the Government for some time past.

After careful consideration of the matter, the undersigned is directed by order of the Governor to say that the Female Govt. employees having minor children may be granted Child Care Leave [CCL] by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service period for taking care of upto two children upto 18 years of their age whether for rearing or to look after any of their needs like examination, sickness etc. subject to the following conditions.

i. During the period of such leave, the female employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

ii. It may not be granted in more than 3 (three) spells in a calendar year.

iii. It may not be granted for less than 15 days in a spell.

iv. Child Care Leave shall not be debited against the leave account.

v. It may be combined with Leave of the kind due and admissible.

vi. Child Care Leave 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 such leave is sanctioned during probation is minimal.

vii. Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.

viii. An account for the purpose shall have to be maintained under proper attestation by the leave sanctioning authority.

2. This order shall take effect from 1st January, 2012.

3. Formal amendments in the relevant rules of the West Bengal Service Rules will be made in due course

Sd/-

A.K. Das

Joint Secretary to the

Government of West Bengal,

Finance Department

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Child Care Leave for female West Bengal State Government Employees

Government of West Bengal

Finance Department

Audit Branch

No: 1364-F(P) Kolkata, the 15th February, 2012.

MEMORANDUM

Consequent upon recommendation of the Fifth State Pay Commission for introduction of ‘Child Care Leave’ in favour of female State Government Employees, the matter has been under consideration of the Government for some time past.

After careful consideration of the matter, the undersigned is directed by order of the Governor to say that the Female Govt. employees having minor children may be granted Child Care Leave [CCL] by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service period for taking care of upto two children upto 18 years of their age whether for rearing or to look after any of their needs like examination, sickness etc. subject to the following conditions.

i. During the period of such leave, the female employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

ii. It may not be granted in more than 3 (three) spells in a calendar year.

iii. It may not be granted for less than 15 days in a spell.

iv. Child Care Leave shall not be debited against the leave account.

v. It may be combined with Leave of the kind due and admissible.

vi. Child Care Leave 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 such leave is sanctioned during probation is minimal.

vii. Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.

viii. An account for the purpose shall have to be maintained under proper attestation by the leave sanctioning authority.

2. This order shall take effect from 1st January, 2012.

3. Formal amendments in the relevant rules of the West Bengal Service Rules will be made in due course

Sd/-

A.K. Das

Joint Secretary to the

Government of West Bengal,

Finance Department

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Child Care Leave for Women Central Government Employees

Based on the recommendation of the VI CPC, Govt. of India accepted and introduced Child Care Leave for Women Central Government Employees vide OM. No.13018/2/2008-Estt(L) dt.11-09-2008.According to this order, the women employees could avail the CCL only after exhausting the Earned Leave if any in their credit. After receiving various representations from Govt Servants/ Federations/Associations, Govt of India reviewed its earlier decision and issued a clarification. According to which, all the establishment has been directed that Earned Leave, if any availed by women employees before availing CCL subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008 may be adjusted against CCL if so requested by the employees.

The Civilian Female Industrial Employees of Defence Establishment covered by the CCS (leave) Rules 1972 were denied this benefit of CCL, though they are at par with the Non-Industrial Women Central Government Employees Covered by the CCS(Leave) Rules 1972.

All the Defence Employees Federations taken up the matter to Ministry Level and demanded to grant the CCL to Industrial Women Central Government Employees. Then the matter was subsequently considered and the benefit of Child Care Leave to Civilian Industrial Employees working in Defence Establishments at par with the Non-Industrial Govt Employees covered by CCS (Leave) Rules,1972 has been extended vide Department of Personnel & Training Letter No.12012/2/2009 Estt(L) Dt.20th October 2011. But the order was given effect only from the date of issue of this order i.e. w.e.f. 20-10-2011.Due to which the EL availed by Women Industrial Employees working in Defence Establishments during the period of September 2008 to October 2011 can not be adjusted against CCL. After receiving many representations from women employees, the Federations approached the higher authority to consider this and to issue necessary clarificatory orders to give retrospective effect subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008.Especially the INDWF Federation has represented this issue to the Secretary,DOP&T to review this order. Through its letter, posted in INDWF blog, explained that many Women Industrial Employees working in Defence Establishments during the absence of the benefit of CCL, availed Earned Leave between September 2008 and October 2011 are not been allowed to adjust against CCL and were deprived of the benefit, since the extended benefit was given only w.e.f. 20-10-2011.

The letter disclosed that this issue was raised in the National Anomaly Committee meeting held on 05-01-2012 by the Staff side to give effect retrospectively ie subsequently after the issue of O.M. Dt 18-11-2008. The Chairman of the Meeting informed to the Staff side that if references any received, it will be considered.

Further it requested the Secretary to review the order Dt. 20-10-2011 and to extend the benefit of CCL retrospectively to women Industrial Employees of Defence Establishments.

The Letter of INDWF is reproduced here

To

The Secretary to Government of India,

Ministry of Personnel, PG & Pensions,

Department of Personnel and Training,

North Block,

New Delhi-110011.

Thro’ Secretary, Staff Side National Council(JCM)

Sub : Grant of Child Care Leave to Civilian Female Industrial  Employees of  Defence Establishments

Ref: Department of Personnel & Training Letter No.12012/2/2009.

Estt(L) Dt.20th October 2011.

Sir,

Based on the recommendation of the VI CPC, Govt. of India accepted and introduced Child Care Leave in respect of Women Central Government Employees vide OM. No.13018/2/2008-Estt(L) dt.11-09-2008.After receiving various representations from Govt Servants/ Federations/Associations, Govt of India reviewed its earlier decision and issued revised orders vide their letter w.e.f. 01-09-2008. According to which, earned Leave, if any availed by women employees before availing CCL subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008may be adjusted against CCL if so requested by the employees.

This benefit of CCL, in respect of Civilian Female Industrial Employees of Defence Establishment covered by the CCS (leave) Rules 1972 were denied the similar benefit though they are at par with the Non-Industrial Central Government Employees Covered by the CCS(Leave) Rules 1972.

The matter was subsequently considered and the benefit of Child Care Leave to Civilian Industrial Employees working in Defence Establishments at par with the Non-Industrial Govt Employees covered by CCS (Leave) Rules,1972 was extended vide your letter under reference. But the order was given effect only from the date of issue of this order ie w.e.f. 20-10-2011.

Many Women Industrial Employees working in Defence Establishments during the absence of the benefit of CCL, availed Earned Leave between September 2008 and October 2011 are not been allowed to adjust against CCL and were deprived of the benefit, since the extended benefit was given only w.e.f. 20-10-2011.

This issue was raised in the National Anomaly Committee meeting held on 05-01-2012 by the Staff side to give effect retrospectively ie subsequently after the issue of O.M. Dt 18-11-2008. The Chairman of the Meeting informed to the Staff side that if references any received, it will be considered.

It is therefore requested to kindly review the order Dt. 20-10-2011 and the benefit of CCl may please be extended retrospectively to women Industrial Employees of Defence Establishments.

Yours Sincerely

(R.Srinivasan)

General Secretary, INDWF,

Member Staff side Standing Committee,

National Council (JCM).

Copy to:-

The Secretary to Govt. of India,

Ministry of Defence, –Request to refer the matter for extending the benefits of

South Block, availing CCL by the Women Industrial Employees

New Delhi-110011 in Defence Establishments retrospectively

source=gservants

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Child Care Leave for West Bengal State Govt Employees

It's time to rejoice for all women employees working with the Mamata Banerjee governmentcan now rejoice.

On ThursdayIn a major movethat will make hundreds of state employees happy, the state government will be placing a proposal in the cabinet to grant two years of "child care leave" (CCL) to women employees for two children till they are 18 years of age. This is apart from the maternity leave that they get during the birth of children.

Central government employees already enjoy this benefit and, if no one objects at Thursday's cabinet meeting, then - there is no reason why anyone would -an order would shortly follow from the West Bengal government which will give the state employees the same benefit.

According to the Central government order that came into effect from September 1, 2008, "Women employees having minor children may be granted CCL by an authority competent to grant leave, for a maximum period of two years (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."

It can be taken in a single or separate spells and will be applicable only for as long as the children grow up to be 18 years of age. "During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. CCL shall not be debited against the leave account."

For Central government employees, the maternity leave has now been increased from 135 days to 180 days. In Bengal, while the former Left Front government had discussed increasing it similarly, as of now, maternity leave remains 120 days.

The proposal has long been pending. with the state government and After the new government was formed, a deputation was also placed before Mamata Banerjee so that this is introduced for state employees.

Before bringing the proposal, state officials have already examined the Central government order issued following the recommendation of the Sixth Central Pay Commission that led to the introduction of CCL for them from September 1, 2008.

According to a senior official, "there has been a huge demand for introducing CCL here. If and after it was already introduced by the Central government employees can get it, there is no reason why it could not be done for state employees as well.

source:TOI

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Child Care Leave-Frequently Asked Questions

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).

QWhether Child Care Leave can be combined with any other leave?

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

QWhether Child Care Leave is applicable for third child?

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

QHow 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.

QWhether 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.

QShould 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.

QWhether 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.

QCan 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.

QIs 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.

QWhether 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.

QWhether all Earned Leave availed irrespective ol’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.

QWhether 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.

QWhether 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.

QWhether Child Care Leave is applicable to All India Services?

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

courtesy: gconnect

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Acceptance of Recommendation of the Sixth Central Pay Commission relating to introductin of Child Care Leave

No.11019/27/2008-AIS-III

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

----

New Delhi, the 21st February, 2011

To
The Chief Secretaries
All the States/Union Territories

Subject:     Acceptance of Recommendation of the Sixth Central Pay Commission relating to introductin of Child Care Leave

Sir/Madam,
In continuation of this Department's letter of even number dated 24th September, 2010 on the subject mentioned above, I am directed to send herewith copy of the latest clarifications regarding Chidl Care Leave in respect of Central Government employees and state that the clarifications contained in this Department's O.M.No.13018/1/2010-Estt.(I) dated 30th December, 2010 are also applicable to members of the All India Services.

Yours faithfully,

s/d

(Navneet Misra)

Under Secretary to the Government of India

Government of India

Ministry of Personnel, P.G. and Pensions

(Department of Personnel & Training)

New Delhi. the 30th December, 2010

Office Memorandum

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

Source: wwww.persmin.nic.in

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CCL- ANOTHER CLARIFICATION

CCL -BEFORE 18-11-2008
There is lot of confusion over CCL after the clarification issued by DOPT on 18-11-2008.
As per this clarification CCL can be availed after exaustion of EL.But the position of CCL which is availed before this clarification is not clear.So DOPT ,Now, issued another clarification regarding this issue.It is as follows:-
With reference to the DoPT’s O.M. of even number dated 11th September, 2008 regarding introduction of child care leave in respect of Central Government employees and subsequent clarifications vide O.M. dated 29th September, 2008 and 18th November, 2008.
It is further clarified that child care leave sanctioned prior to issuance of O.M. No. 13018/2/2008-Estt.(L) dated 18th November, 2008 shall be treated as child care leave and shall be deducted from the Child Care Leave account of the Government servant concerned. No adjustment against any kind of leave shall be made in this regard.
The Child Care Leave sanctioned for the period beyond 18/11/2008 shall however be regulated in terms of clarification issued vide O.M. of even number dated 18/11/2008.

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CHILD CARE LEAVE -NEW TURN

CCL –Clarification-fear of staff shortage
The CCL, which is over and above the existing six-month maternity leave, will now be available only after the women employees exhaust their earned leave or EL.
The CCL was announced two months ago on the recommendations of the Sixth Pay Commission to help women employees take better care of their children and family. But the more virtually backfired with several central government departments being flooded with applications from women employees for CCL.
Alarmed, department heads then petitioned the government, arguing that granting such leave for long periods would cause acute staff shortage.
The department of training and personnel (DoPT) has now modified the earlier order saying women employees cannot demand the special leave as a matter of right and can avail themselves of it only after they have exhausted their EL.
“The intention of the pay commission in recommending CCL for women employees was to facilitate them 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.
Accordingly, while maintaining the spirit of the pay commission’s recommendations and also harmonising the smooth functioning of the offices, clarifications are issued. CCL can be availed only if the employee concerned has no EL to her credit,” the new DoPT circular says.
Accordingly, CCL will be treated like EL and Saturdays, Sundays, gazetted holidays falling during the period of leave would also be counted in it, as is the case with EL.

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CHILD CARE LEAVE

Child Care Leave-another clarification
DOP&T issued a clarification dt 18-11-2008 regarding availing CCL. It is as follows;-

Subject: Child Care Leave in respect of Central Government employees as
a result of Sixth Central Pay Commission - clarification regarding –

The order regarding introduction of Child Care leave (CCL) in respect of Central Government employees were issued vide this Department's O.M. of even number dated 11th September, 2008. Subsequently, clarification in this regard were also issued vide O.M. dated 29th September, 2008.

2. Consequent upon the implementation of orders relating to Child Care Leave, references has been received from various sections regarding the procedure for grant of this leave etc. In this connection, it is mentioned that 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. Accordingly, while maintaining the spirit of Pay Commission's recommendations intact and also harmonizing the smooth functioning of the offices, the following clarifications are issued in consultation with the Department of Expenditure (Implementation Cell) with regard to Child Care Leave for Central Government employees:-

i) 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.

ii) The leave is to be treated like the Earned Leave and sanctioned as such.

iii) Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned Leave.

iv) CCL can be availed only if the employee concerned has no Earned
Leave at her credit.

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CHILD CARE LEAVE

Child Care Leave-clarification
DOP&T issued a clarification regarding child care leave. With reference to Para l(c) of this Department's O.M. of even number dated 11th September, 2008 according to which 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. The question as to whether child care leave would be admissible for the third child below the age of 18 years and the procedure for grant of child care leave have been under consideration in this Department, and it has now been decided as follows:-
(i)Child care leave shall be admissible for two eldest surviving children only.
(ii) The leave account for child care leave shall be maintained in the proforma enclosed, and it shall be kept along with the Service Book of the Government servant concerned.

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