Friday, December 16, 2011

F.A.Q ON CHILD CARE LEAVE

Q   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).

Q   Whether Child Care Leave can be combined with any other leave?

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

Q   Whether Child Care Leave is applicable for third child?

A       No. CCL is not applicable to third Child.

Q     How 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 along with 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.

Q   Whether 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.

Q   Should 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 relevant 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 However, this condition was withdrawn by the Government and as such there is no need for having EL in credit to avail CCL.

Q     Whether 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.

Q     Can 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.

Q     Is there any other conditions 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.

Q     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?

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 Leave availed specifically for this purpose only should be converted.

Q   Whether all Earned Leave availed irrespective of '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 the 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 the next year, it may be treated as one spell against the year in which the leave commences.

Q     Whether 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.

Q Whether LTC can be availed during Child Care Leave?

A    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.

Q   Whether Child Care Leave is applicable to All India Services?

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

          With regard to the documents for family pension, including certificate of income, required to be submitted by a claimant member of family (other than spouse) along with application form (Form 14), PPO and death certificate after the death of a pensioner/family pensioner, the Department of Pension & Pensioners Welfare has clarified that the claims submitted by a claimant member of family (other than spouse) for family pension after the death of a pensioner/family pensioner, in Form 14 and supported by the death certificate and PPO of the pensioner/family pensioner, may be processed in consultation with the Pay and Accounts Officer, who is the custodian of the pension file which contains all relevant Forms and information of the pensioner. In a very rare case where the name of the claimant member is not available in the records of the Head of Office as well as the Pay & Accounts Officer concerned and the claimant member also fails to submit a copy of PPO or Form 3 containing 'Details of Family submitted earlier by the deceased employee/pensioner, the certificates prescribed at serial number 9(v) of Form 14 may be accepted. In addition to these certificates, PAN Card, Matriculation Certificate, Passport. CGHS Card, Driving License Voter's ID card and Aadhar Number may also be accepted. Acceptance of voter's ID card and Aadhar Number is subject to the condition that the pensioner/family pensioner certifies that he/she is not a matriculate and he/she does not have any of the documents mentioned in Form 14 or above Apart from these documents, the Ministries/Departments may accept any other document submitted by the claimant, which may be relied upon and which establishes the relationship of the claimant with the pensioner and/or contains his/her date of birth.

          The applicant has also to prove that no other surviving member in the family, who may have a prior entitlement for family pension is eligible. For this purpose, the above and/or any other documents, such as marriage/death/income certificates of the other members which may be essential in a given situation may be used.

Courtesy:NFPE

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