05/04/2016
Proposals on Child Care Leave (CCL) and Maternity Leave
No. 13018/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Old JNU Campus, New Delhi 110 067
Dated: 01.04.2016
Dated: 01.04.2016
OFFICE MEMORANDUM
Subject:-Proposals on Child Care Leave (CCL) and Maternity Leave — Reg.
This is regarding proposals on the
subject of Maternity Leave and CCL that are under consideration in this
Department. In this connection, a workshop was held in DoPT on
28.01.2016 with the stakeholder Departments on the following issues and
the consensus emerged as follows:
(a) Maternity/CCL in
case of surrogacy: There is no provision at present for any kind of
Leave for surrogate/commissioning mothers. It is proposed that 180 days
maternity leave may be granted to the surrogate as well as commissioning
mothers, in case either/both of them are Government servants. The
commissioning mother also requires time for bonding with her child and
to take care of him/her and hence would also become eligible for Child
Care Leave. Paternity Leave may also be granted in case of surrogacy.
(b) Age Limit for
CCL in case of disabled children: It is proposed that the age limit for
CCL in case of disabled children needs to be done away with since the
requirement of parental care may be more/stronger when the disabled
child grows older. It may therefore be allowed to provide for CCL in the
case of disabled children — the ‘disability’ being clearly defined by
the Ministry of Social Justice & Empowerment – without any age limit
provided the maximum CCL that can be availed remains within the ceiling
of 730 days.
(c) Leaving
HQ/availing LTC while on CCL: At present leaving headquarters or
availing LTC are not permissible during CCL. The underlying intent of
CCL is to allow care of up to two children whether for rearing or to
look after any of their needs like examination, sickness etc. Thus, it
is not restricted to exam and sickness alone. Taking care may also
include ensuring their rest and recreation and towards that objective
leaving headquarters or availing LTC can be allowed. It is thus proposed
that the employees may be permitted to leave headquarters/avail LTC
while they are on CCL, provided clearances from appropriate competent
authorities are taken while proceeding on foreign travel.
(d) CCL minimum for
at least five days: Vide this Department O.M. No.13018/6/2013-Estt.(L)
dated 5 th June, 2014 the stipulation of the requirement of minimum
period of 15 days’ CCL has been removed. It is now proposed to introduce
a minimum period of five days of CCL i.e., CCL henceforth may not be
granted for less than 5 days.
2. Comments on the above proposals are solicited please.
(Mukul Ratra)
Director
Director