1)Child Care Leave – A recap and compilation of orders issued

on 27.08.2012, Finance Ministry issued clarification that Child Care Leave should be considered at par with any kind of leave during the period of which an employee will be entitled for House Rent Allowance for the first 180 days of leave. It was also envisaged that child card leave exceeding 180 days would require required certificate as stipulated for any other kind of leave.
Read the following GConnect article for more details.
HRA allowed during Child Card Leave Period – Clarification issued
In light of the above, We are giving below a recap of introduction of child care leave during 2008 and further developments as bulleted points.

Details regarding Child Care Leave

  • 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.
  • 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.
  • As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave. Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.
  • During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
  • Child Care Leave shall not be debited against the leave account. There is also no condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate).
  • 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.
  • 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.

Also read the following GConnect Article containing Frquently Asked Questions on Child Care leave
Child Care Leave Frequently Asked Questions
The following is the compilation of Office Memorandums issued for introduction of Child Care Leave to Female Employees and Clarifications and amendment on the same from time to time

OMs and Circulars on "Child Care Leave"
Click the Topic below / Reference No / Date
Click here to download this OM/Order / File No. / Date
House Rent Allowance during Child Care Leave / 2(9) /2012-E.II(B) / 27.08.2012
Click here to download this OM/Order / File No. / Date
Child Care Leave to Civilian Female Industrial Employees of Central Government / 12012/2/2009-Estt.(L) / 01.08.2012
Click here to download this OM/Order / File No. / Date
Child Care Leave to Civilian Female Industrial Employees of Defence Establishments / 12012/2/2009-Estt (Leave) / 31.05.2012
Click here to download this OM/Order / File No. / Date
Child Care Leave for All India Service Officers / 11019/27/2008- AIS III / 21.2.2011
Click here to download this OM/Order / File No. / Date
Child Care Leave - More Clarifications / 13018/1/2010-Estt. (Leave) / 30.12.2010
Click here to download this OM/Order / File No. / Date
Child Care Leave available to members of All India Services / 11019/27/2008-AIS-III / 24.09.2010
Click here to download this OM/Order / File No. / Date
Child Care Leave - Condition of eligibility only if No EL in credit Deleted / 13018 /1/2010-Estt. (Leave) / 07.09.2010
Click here to download this OM/Order / File No. / Date
Child Care leave-Waiver of age restriction in the case of mentally challenged/disabled children / 13018/6/2009-Estt(L) / 03.03.2010
Click here to download this OM/Order / File No. / Date
Child care Leave Clarification -2 / 13018/2/2008-Estt(L) / 02.12.2008
Click here to download this OM/Order / File No. / Date
Child care leave - Clarification / 13018/2//2008-Estt (L) / 19.11.2008
Click here to download this OM/Order / File No. / Date
Grant of Child Care Leave to women Govt employees - Clarification reg. / 13018/2/2008-Estt. (L) / 29.9.2008
Click here to download this OM/Order / File No. / Date
Grant of Child Care Leave to women Government Employees / 13018/2/2008-Estt.(L) / 20.09.2008
Click here to download this OM/Order / File No. / Date
Enhancement of Quantum of Maternity Leave and introduction of Child Care leave / 13018/2/2008-Estt.(L) / 11.09.08
Click here to download this OM/Order / File No. / Date
VI CPC recommendation relating to nhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employees. / 13018/2/2008-Estt. (L) / 11.9.2008

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2)Reservation for SC/ST Employees in Promotions – Government Postponed the Amendment bill which was to be tabled on 22nd August 2012

In view of Supreme Court’s decision against following reservation policy for Promotion in employment, Government is cautious now and postponed its plan to bring an amendment bill to provide Constitutional Validity to Reservation in Promotions for SC and ST Employees.
An All party meeting was conducted by Prime Minister Shri.Manmohan Singh in this connection. Prime Minister said in the meeting that the Government is in favour of allowing reservation for Promotion and that Government would review the bill again for examining the legal aspects before bringing the amendment bill again.
The leaders of other parties have also adviced that before this bill is tabled it has to be examined properly so that the enacted bill is legally valid in all aspects.
Earlier, in the month of April 2012, Apex Court had decided against the Uttar Pradesh Government’s order to follow reservation policy for SC and ST employees in Government posts.
Source

Wednesday, August 29, 2012

3)HRA allowed during Child Card Leave Period – Clarification issued

The Department of Expenditure, Ministry of Finance has clarified that Child Care Leave should also be considered as any other admissible leave for the purpose of allowing House Rent Allowance for first 180 days of leave.

This clarification has been issued by Department of Expenditure, Finance Ministry following many representations from the female employees that House Rent Allowance is being denied to them.

However, as per O.M.No 13018/1/2010-Estt.(Leave) dated 07.09.2010 Child Care Leave (CCL) is to be treated like Earned Leave and sanctioned as such.

Hence, the present Clarification issued by Finance Ministry cleary provides that the ‘total leave of all kinds’ as referred to in Para6(a) of this Ministry’s OM dated 27.1.65 will include Child Care Leave forregulating grant of HRA during leave. It is also clarified that drawal of HRA during leave (includingCCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing ofthe certificate prescribed in Para 8(d).

The full text of this Office Memorandum No: 2(9) 12012-E.II(B) dated 27.08.2012 is as follows.

No. 2(9)12012-E.II(B)

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, 27th August 2012

OFFICE MEMORANDUM

Subject- Clarification on the admissibility of House Rent Allowance (HRA) duringthe Child Care Leave (CCL) – Reg.

The undersigned is directed to refer to Para 6(a)(i) of this Ministry’s O.M.No.2(37)-E.II(B)/64 dated 27.11.1965, as amended from time to time, on regulation ofHouse Rent Allowance during Leave which stipulates that a Government servant isentitled to draw HRA…..during total leave of all kinds not exceeding 180 days and thefirst 180 days of the leave if the actual duration of leave exceeds that period, but does not include terminal leave, ….. It has also been stipulated, thereunder, that drawal of theallowance (HRA) during the period of leave in excess of first 180 day availed of ongrounds other than medical grounds mentioned in sub-para (ii), shall be subject tofurnishing of the certificate prescribed in Para 8(d) of the O.M. ibid.

2. This Ministry has been receiving representations from the female employeesthat certain Central Government Ministries / Department / Establishments are not allowingHRA during the Child Care Leave (CCL), especially when taken in continuation ofMaternity Leave of 180 days. The reason for their reluctance may be the fact that CCLhas been first introduced on the recommendations of the 6th Central Pay Commission,though the Department of Personnel & Training (DoPT), vide their O.M.No 13018/1/2010-Estt.(Leave) dated 07.09.2010 inter-alia, reiterated that the leave(CCL) is to be treated like Earned Leave and sanctioned as such.

3. It is, therefore, clarified that the ‘total leave of all kinds’ as referred to in Para6(a) of this Ministry’s OM dated 27.1.65 ibid, will include Child Care Leave forregulating grant of HRA during leave, subject to fulfiment of all other conditions stipulatedthereunder, from time to time. It is also clarified that drawal of HRA during leave (includingCCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing ofthe certificate prescribed in Para 8(d).

4. These orders take effect from 01.09.2008. HRA during CCL, if not paid towomen employees who are entitled to it as per this clarification, may be reconsidered, ifso requested by the concerned employee.

5. Hindi version is also attached.

sd/-

(Anil Sharma)

Under Secretary to the Government of India

4)All state government employees and pensioners should enroll for Aadhaar Card before October:

While enrollment for Aadhaar cards issued by Unique Identification Authority of India (UIDAI)throughout India is not encouraging, Jharkhand State Government has made Aadhaarcards mandatory for payment of salary and pension to State Government Employees and Pensioners after October this year.

This move has been taken by the State to give a drive to the Aadhaar Project, which was seem to be slowing down.

Jharkhand is one of the states which believes in the importance of Aadhaar identity cards for many of its development and welfare activities in the state.

With the support of the State Government UIDAI could achieve the target of enrolling 8 Million citizens as on January 2012.

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