Declaration of holiday on 14th April, 2022 - Birthday of Dr. B.R. Ambedkar

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List of Holidays During The year 2019 for Administrative offices of Central Government Locate at Delhi/New Delhi

Information on Maternity Leave

Leave Rules – Maternity Leave

FR & SR Part III

Pregnancy Eligibility : A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave – Rule 43 (1)

Duration : 180 days from the date of its commencement – Rule 43 (1). DOPT OM dated 11-9-2008

Leave Salary : During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. – Rule 43 (2)

Miscarriage / abortion : Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19. `Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule. – Rule 43 (3)

Maternity leave shall not be debited against the leave account – Rule 43 (5)

Maternity leave may be combined with leave of any other kind. – Rule 43 (4) (a)

Leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) that can be granted in continuation with Maternity Leave provided in Rule 43(4)(b) shall be increased to 2 years. DOPT OM dated 11-9-2008

Service which counts for increments. – F.R. 26 (b)

In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period. – Note below Rule 43(2)

Admissible for induced abortion

Not admissible for ‘threatened abortion

Lok Sabha Question & Answer : Maternity Leave

GOVERNMENT OF INDIA

MINISTRY OF LABOUR AND EMPLOYMENT

LOK SABHA

UNSTARRED QUESTION NO. 672

TO BE ANSWERED ON 06.02.2017

MATERNITY LEAVE

672. DR. SHASHI THAROOR:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

(a) whether the Government proposes to extend the time span of the compulsory paid maternity leave from 12 weeks to 26 weeks in private organizations;

(b) if so, the details thereof;

(c) whether the Government also proposes to amend section 4 of the Maternity Benefits Act, 1961, to ensure that women employed in various public sector undertakings receive the same benefit; and

(d) if so, the details thereof and if not, the reasons there for?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT

(SHRI BANDARU DATTATREYA)

(a) & (b): Yes, Madam. The Government has decided to enhance the paid maternity leave from existing 12 weeks to 26 weeks and an Amendment Bill in this regard was introduced in the Rajya Sabha. The Rajya Sabha has already passed the Bill on 11.08.2016. With regard to women workers covered under Employees’ State Insurance Act, 1948, such enhancement has already been effected by amending the ESI (Central) Rules,1950.

(c) & (d): There is no proposal to amend Section 4 of the Maternity Benefit Act, 1961. The benefits under this Act are already applicable and available to women employed in various public sector undertakings.

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Maternity Benefits to Surrogate Mothers

The Government of India considers grant of Maternity Leave to surrogate mothers on case to case basis keeping in view the totality of the circumstances of each case. Recently Maternity Leave was granted in a few cases. 

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Smt Vasanthi M. in the Lok Sabha today. 

Source : PIB Release, Dated 02.12.2015

Government may increase maternity leave from six to eight months

Amendment to Central Civil Service (Leave) Rules, 1972 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995) - regarding

To view please CLICK HERE. 

Kinds of leave admissible - CCS (Leave) Rules, 1972

To view details, please CLICK HERE. 

Govt woman employee can get uninterrupted two-year leave for child care: SC

The Supreme Court held that a woman employee of central govt can get uninterrupted leave for two years, which also includes needs like examination and sickness. Reuters

The Supreme Court today held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness. 

A bench of justices S J Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child Care Leave) for 730 days.

"On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc," the bench said.

It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government.

The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government's decision not to grant her leave of 730 days for preparing her son for secondary/senior examinations.

She had first approached Central Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.

The apex court set aside the High Court's order.

"We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement," it said.

Source: http://www.financialexpress.com

Brief note on casual leave.....

(i) 8 days for having 17 holidays & 10 days for others. 

(ii) Can be granted upto 8 days at any one time.

(iii) Can be granted for half-day also.

(iv) Can be combined with Special Casual Leave but not with any other leave and joining time.

(v) Half-day Casual leave may be combined with regular leave if the absence on the next working day was due to sickness or other compelling reason.(OM No 60/45/65-Estts (A) dated 4-2.1966)

(vi) The officials with disabilities are entitled four more days special casual leave in a calendar year.(DOPT OM No. 25011/1/2008-Estt (A) dated 19-11-2008)

(vii) Half day CL to be debited for late attendance to the CL account of an employee for each late attendance but late attendance upto an hour and not more than two occasions in a month may be condoned by the competent authority if he is satisfied that it is due to unavoidable reasons.(DOPT OM No. 9 (17) E II (B)/65 dated 27.11.1965)

 

Amendment to CCS (Leave) Rules, 1972

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi. the 29th March, 2012.

Notification

GSR…….(E) …. In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

I. (i) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2012.
   (ii) They shall come into force on the date of theìr publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 12, the following rule shall be substituted, namely:-

“12.(I) No Government Servant shall be granted leave of any kind for a continuous period exceeding five years.

(2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service :

Provided that a reasonable opportunity to explain the reasons for such absence shall be given to that Government servant before provisions of sub-rule (2) are invoked”.

F.No.13026/2/2010-Estt.(L)]

sd/-

(Mamta Kundra)

Joint Secretary to the Government of India

CCS (Leave) (Fourth Amendment) Rules, 2011

CCS (Leave) (Fourth Amendment) Rules, 2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY.

PART II. SECTION-3, SUB-SECTION (i)]

Government of India
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel and Training

Notification

New Delhi, the 27th August. 2011.

       G.S.R -In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972. namely :-

1.    (i)  These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules. 2011

      (2) They shall come into force on the date of their publication in the official Gazette.

2. For Rule 43-Col the Central Civil Services (Leave) Rules, 1972. the following rule shall be substituted, namely:—

43—C(I). Subject to the provisions of this rule, a woman Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of 730 days during her entire service for taking care of her two eldest surviving children. whether for trearing or for looking after any of their needs, such as education, sickness and the like.

(2) For the purposes of sub—rule (I). “child” means

     (a) a child below the age of eighteen years: or

     (b) a child below the age of twenty—two years with a minimum disability of forty per cent as specified in the Government of India in Ministry of Social Justice and Empowerment's Notification No.16-18/97-NI.I. dated the 1st June. 2001.

(3) Grant of child care leave to a woman Government servant under sub-rule (I) shall be subject to the following conditions namely:

     (i) it shall not be granted for more than three spells in a calendar year:

     (ii) it shall not be granted for a period less than fifteen days at a time: and

     (iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer. Provided that the period for which such leave is sanctioned is minimal.

(4) During the period of child care leave,  the woman Government servant shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(5) Child care leave may he combined with leave of any other kind.

(6) Notwithstanding the requirement of production of medical certificate contained in sub-rule (I) of rule 30 or sub-rule (I) of rule 31, leave of the kind due and admissible (including commuted Leave not exceeding sixty days and Leave Not Due) upto a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).

(7) Child care leave shall not be debited against the leave account.

[F.No. 13018/4/2011-Estt.(L)

sd/-
(Mamta Kundra)
Joint Secretary to the Government of India

Source: www.persmin.nic.in

ENCASHMENT OF HALF PAY LEAVE ADMISSIBLE ALSO FOR THE OFFICIALS RETIRED FROM 1.1.2006 TO 31.8.2008

Memo of Department of Personnel and Training Memo N0.14028/3/2008-Estt.(L) dated 16.11.2009

Subject:-Recommendations of the Sixth Central Pay Commission relating to encashment of leave in respect of Central Government employees.

The uudersigned is directed to refer to this Department's O.M. of even number dated 25th September, 2008 on the subiect mentioned above according to which encashment of leave in respect & central Government employees will be considered both for earned leave and half pay leave subject to overall limit of 300 days and in respect of encashment of half pay leave, no reduction shall be made on account of pension and pension equivalent of other retirement benefits. In case of shortfall in earned leave, no commutation of half pay leave is permissible. The order was made effective from the lSt September, 2008. The matter was reconsidered in this Department in consultation with the Department of Expenditure (Implementation Cell) and it has been decided to modify the date of effect of this Department's 0.M of even number dated 25th September, 2008 to "O1.01.2006 instead of 01.09.2008 subject to the following conditions:-

(i) The benefit will be admissible in respect of past cases on receipt of applications to that effect from the pensioners concerned by the Administrative Ministry concerned.
(ii) In respect of retirees who have already received encashment of earned leave of maximum limit of 300 days together with encashment of HPL standing at their credit on the date of retirement, such cases need not be reopened. However, such cases in which there was a shortfall in reaching the maximum limit of 300 days can be reopened.
(iii) Calculation of cash equivalent in respect of HPL at credit shall be made mutatis mutandis in the manner given in this Department's O.M. of even number dated 25.09.2008.

2. In respect of persons serving in the Indian Audit & Accounts Departments, these O.M. issues with the concurrence of the Comptroller and Auditor General of India

ENHANCEMENT OF CHILD ADOPTION LEAVE FROM 135 DAYS TO 180 DAYS AND EXTENSION OF PATERNITY LEAVE (15 DAYS) TO ADOPTIVE FATHERS

Department of Personnel & Training office memorandum No 13018/1/2009-Estt.(L) dated 22.7.2009

Subject :- Enhancement of Child Adoption Leave from 135 days to 180 days and extension of the facility of Patemity Leave to adoptive fathers.

The undersigned is directed to refer to this Department's O.M. No. 13018/4/2004-Estt.(L) dated 31st March, 2006 regarding grant of Child Adoption Leave for 135 days to female Govemment servant on adoption of a child upto the age of one year, on the lines of matemity leave admissible to natural mothers. After implementation of the Sixth Central Pay Commission recommendations, the period of matemity leave was enhanced from 135 days to 180 days. Subsequently, this Department has received representations requesting for enhancement of the period of Child Adoption Leave from 135 days to 180 days in line with the matemity leave. The matter has been examined in this Department and it has been decided to enhance the period of Child Adoption Leave from 135 days to 180 days.

2. A female Govemment servant in whose case the period of 135 days of Child Adoption Leave has not expired on the date of issue of these orders shall also be eligible for Child Adoption Leave of 180 days.

3. It has also been decided that a male Govemment servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year, may be sanctioned Patemity Leave for a period of 15 days within a period of six months from the date of valid adoption.

4. These orders shall take effect from the date of issue.

5. In so far as persons serving in the Indian Audit and Accounts Department are concemed, these orders issue in consultation with the Comptroller and Aditor General of India.