No.NC/JCM/2017

Dated: August 4, 2017

The Secretary(DoP&T),
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi

Dear Sir,

Sub: Child Care Leave – recommendations of the 7th CPC

It may please be recalled that, the 6th CPC, accepting the consistent demand of the Staff Side for grant of Child Care Leave to Women Central Government Employees, had recommended maximum two years CCL for women government employees for taking care of maximum two children, as a welfare measure the women government employee for taking care of maximum two children as a welfare measure. Women government employees were availing this specific leave for taking care of their children with 100% salary for a maximum period of two years, owing to certain difficulties having being experienced by the employer, certain conditions were subsequently laid down to avail CCL by women government employees.

One of the subsequently introduced conditions was that, they can avail their leave in maximum 3 spell during in a calendar year. While 7th CPC has duly acknowledged the requirement of CCL for women government employees as well as single male employees and recommended that the practice should continue as hitherto, additionally entitling single male employee to avail the same, but unfortunately, imposed another new condition that, although for the first 365 CCL 100% salary would be payable. However, for subsequent 365 days only 80% of their salary to be paid.

It may be appreciated that, provision of CCL to women government employees with the sole motto of taking care of their children, particularly at the time the children are in grave need of the same, a welfare measure at the same was being granted with 100% salary before the report of the 7th CPC came in the effect.

Therefore, imposition of the condition of 80% salary payable in the 2nd spell of 365 days is grossly unjustified and uncalled for and would result in withdrawal of a well acknowledged welfare measure.

It is, therefore, requested that the issue may be looked into in the light of the foregoing the earlier practice of payment of 100% salary of the entire 2 years may please be restored as a noble employer.

Comradely yours
(Shiva Gopal Mishra)
Secretary (Staff Side)

NC/JCM
&
Convener

Source : NCJCM

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Madurai: Ruling that maternity leave is given for protection of the health of women government employees, the Madras High court today stayed the order of Joint Director of School Education (personnel) for recovering over Rs two lakh from the salary of a teacher who took 179 days maternity leave for her second delivery.
Maternity leave is a right of women government employees, even they had delivered twins in the first delivery.

Maternity leave is a right of women government employees, even they had delivered twins in the first delivery.

The woman had delivered a twin in the first delivery.

Justice S Vaidyanathan of the High Court’s Madurai bench, said “it will not be correct to take into account the number of children one delivers during the first delivery to decide whether the maternity leave should be extended ignoring the health of the woman.”

“The intention of the maternity leave is to afford protection to the woman during the second delivery, it is not based on the number of children she delivers during the two deliveries,” the judge saidi in his interim order after hearing the petition filed by T Priyadarshini.

The judge said “it is not in dispute that the petitioner had two children. But it is in the first delivery, she gave birth to twins, and hence twin born in the first delivery cannot be put against the petitioner to deprive the second maternity leave.”

The petitioner submitted that she took her first maternity leave in 2011 for 180 days when she delivered a boy and a girl.

Then in 2014, she applied for maternity leave and it was granted. But the Joint Director of School education had said having two surviving children, she was not eligible to apply for second maternity leave and directed the chief education officer to consider the medical leave as loss of pay and recover Rs.2,56,112 from her and remit the money in the treasury immediately.

Inputs with PTI

via tkbsen.in

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 No.41034/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi – 110001
Dated-30.01.2014

OFFICE MEMORANDUM

Subject:- Action Taken on 62nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on the Status of Women Government Employees, Service Conditions, Protection against exploitation, Incentives and other related issues -regarding.

The undersigned is directed to refer to Para 20.1 and Para 20.2 of the 62nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice wherein, the Committee has drawn attention to extant instructions of the Government on age relaxation for appointment of widows, divorced woman and woman judicially separated from their husbands and who were not remarried allowing age concession up to the age of 35 years (40 years for member of SCs/STs) for the post of Group ‘C’and erstwhile Group ‘D’ filled through SSC/Employment Exchange and has directed scrupulous compliance of these instructions by all administrative authorities.

2. The Department of Personnel and Training’s O.M. No. 15012/13/79- Estt.(D) dated 19.1.1980 provides that for purposes of appointment to Group C and D posts under the Central Govt. filled through the SSC and the Employment Exchange, the upper age limit in the case of widows, divorced women and women judicially separated from their husbands who are not remarried shall be relaxed upto the age of 35 years (upto 40 years for members of Scheduled Castes/Schedules Tribes) by invoking the provisions in the relevant recruitment rules, subject to production of a certified copy of the judgement/decree of the appropriate court to prove the fact of divorce or the judicial separation, as the case may be (provided through DoP&T O.M. No. 15012/1/82-Estt.(D) dated 06.09.1983) . Further, this relaxation has been extended to Group ‘A’ & ‘B’ posts except where recruitment is made through open competitive examination vide DoP&T O.M. No. 15012/1/87-Estt.(D) dated 05.10.1990.

3. All Ministries/Departments are requested to bring these instructions to the notice of all concerned including attached and subordinate offices for strict compliance.

sd/-
(Arunoday Goswami)
Under Secretary to the Govt. of lndia

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/41034_1_2014-Estt_D.pdf]

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