Child Care Leave-frequently asked questions


Many doubts have been raised  regarding  Child Care Leave by central govt. women employees time to time. Gconnect compiled answers for the following  frequently asked questions.

Who are entitled for 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.

 Am I eligible to draw Salary for the period for which Child Care leave is availed?

 During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

 Whether CCL can be debited against any other type of Leave admissible to the employee?

 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).

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

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

Whether Child Care Leave is applicable for third child?

 No.  CCL is not applicable to third Child.

How to maintain Child Care Leave account?

 The leave account for child care leave shall be maintained in the proforma prescribed by Govt, and it shall be kept alongwith the Service Book of the Government servant concerned.

 Whether CCL can be claimed as a matter of right?

 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.

Whether we can prefix or suffix Saturdays, Sundays, and Gazetted holidays?

As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave.

Should we have any Earned Leave in Credit for the purpose of taking Child Care Leave?

 There was a condition envisaged in the Office Memorandum relavant 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.

Whether CCL can be availed without prior sanction?

 Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.

Can we avail CCL for the children who are not dependents?

 The Child Care Leave would be permitted only if the child is dependent on the Government servant.

Is there any other conditons apart from the total number of holidays and the age of the child?

 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.

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?

 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 Leabe availed specifically for this purpose only should be converted.

Whether all Earned Leave availed irrespective ol’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’?

 No. As the instructions contained in thc 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 thc next year, it may be treated as one spell against the year in which the leave commences.

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’?

 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.

Whether LTC can be availed during Child Care 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.

Whether Child Care Leave is applicable to All India Services?

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

courtesy:gconnect

Family pension - list of documents to be submitted by a claimant member of family


Many families are struggling to get family pension, due to the confusion in submitting the list of Documents after the death of the pensioner /family pensioner .Various Ministries/Departments of the Government sought clarification from DOP&T regarding 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. DOP&T now issued a clarification on this


No, 1/16/2011- P&PW(E) 
Government of India 
Ministry of Personnel, Public Grievances and Pensions 
Department of Pension & Pensioners Welfare 
(Desk 'E’)

3rd Floor Lok Nayak Bhavan, 
New Delhi the 8th December, 2011.

Office Memorandum

Sub: Family pension - list of documents to be submitted by a claimant member of family (other than spouse) along with Form 14. PPO and death certificate in respect of the deceased pensioner/family pensioner regarding.

The Department of Pension & Pensioners Welfare has been receiving references for clarification by various Ministries/Departments of the Government regarding 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 matter was also discussed at length in the 20mth meeting of SCOVA held on 21st September, 2011 (item No. 92 of the Minutes refers). It was agreed in the meeting that a list of such documents will be made available at the website of the Department of Pension & Pensioners Welfare. It was pointed out in the meeting that it is indicated in this Departments Office Memorandum No.45/51/97-P&PW(E), dated 21.7.1999 that a self certificate for the income of those who are self employed or are in receipt of income from sources other than employment may be accepted. It was decided to send a copy of this O.M.to all member associations of SCOVA.

2. This is informed 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.

3. 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.

4. As decided in the SCOVA meeting, a copy of O.M. No.45/51/97-P&PW(E), dated 21.7.1999 is enclosed for circulation to all Ministries/Departments/Associations.


sd/-
(D.K. Solanki)
Under Secretary



Source: www.pensionersportal.gov.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/1-16-2011PPWE_081211.pdf]

Leave Rules for Central Govt. Employees-FAQ


Leave Rules and Procedure for Central Govt. Employees

Leave Rules for Central Govt. Employees

Some important questions are arising among the serving employees of Central Government regarding their leave, the nodal Department of Central Government has now clarified as a method of Question and Answer, Frequently Asked Questions. We have reproduced and given below for your easy convenience to read the clarifications about Leave Entitlement, Earned Leave, Child Care Leave, Leave Encashment, EL Encashment, Encashment on LTC, Calculation of Encashment, CCL for Public Sector Employees…


Frequently  asked Question by Departmental of Personnel and Training…

1. What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f.  1.9.2008? 
Earned  leave  for persons serving  in  Vacation Departments:- 
(1)   (a) A Government  servant(other  than  a military officer) serving in a Vacation  Department shall not  be entitled to  any earned leave in respect of  duty performed  in  any year  in which  he  avails himself of  the full vacation. 
(b)  In  respect of any  year  in  which  a Government  servant avails himself of a portion  of the vacation,  he  shall be  entitled to earned leave in such proportion  of  30 days, as the number of days of  vacation not  taken  bears  to  the  full  vacation: 
Provided that no such leave shall  be admissible  to  a Government  servant not in permanent  employ  or  quasi-permanent  employ in respect of the first year of  his service. 
(c) If, in any year, the Government servant does  not  avail  himself  of   any  vacation, earned leave  shall be admissible to  him in respect  of that year under rule 26. 
For the purpose of  this rule, the term ‘year’ shall be  construed not  as  meaning a  calendar year  in which  duty is performed but  as  meaning twelve months of actual duty in a Vacation Department. 
A Government servant entitled to vacation  shall be considered  to  have  availed  himself  of  a vacation or a portion of a vacation unless he has been  required by general or special  order  of  a higher  authority  to  forgo such  vacation or portion of a vacation: 
Provided  that  if  he has  been prevented by such order from enjoying more than fifteen days of the vacation,  he   shall  be considered  to  have availed himself of no portion of the vacation. 
When  a Government  servant  serving  in  a Vacation  Department proceeds  on  leave  before completing a  full year  of duty, the earned leave admissible  to him  shall  be  calculated  not  with reference to  the vacations which  fall during the  period  of  actual duty  rendered before proceeding on  leave  but with reference  to  the vacation  that  falls during  the  year  commencing from  the  date on  which he  completed  the previous year of duty. 
As per Rule  29(1) the half pay leave account of every Government  servant  (other than a military officer shall  be  credited  with half  pay  leave  in advance, in two installments of  ten days each on the  first  day  of  January  and  July  of  every calendar year.

2. Whether encashment of  leave is allowed  after LTC is availed. 
Sanction of leave encashment should, as  a rule, be lone  in  advance,  at   the time  of  sanctioning the LTC.  However, ex-post facto sanction  of  leave encashment  on  LTC may  be  considered  by  the sanctioning  authority  as  an  exception  in  deserving 
cases  within  the time  limit prescribed  for submission of claims for LTC.

3.  Whether encashment of Leave with LTC  can be availed  at the time when  the LTC is availed by the Government servant only or  can leave be encashed  at the time when LTC is availed by family members? 
A Govt. servant can be  permitted to encash earned leave  upto  10  days  either at  the  time of  availing LTC  himself  or when  his  family avails it, provided other conditions are satisfied.

4. Whether leave encashment should be revised on retrospective revision  of pay/D.A? 
In  terms  of  38-A  of  CCS(Leave)  Rules, encashment  of EL alongwith  LTC  is  to  be calculated  on pay admissible on the date of availing LTC+DA  admissible on  that  date.  If  pay  or  DA admissible  has been revised with retrospective effect,  the  Govt. servant  would  be  entitled  to encashment of Leave on the revised rates.

5. Whether encashment of Earned Leave allowed  to  a  Govt. servant  prior  to  his joining the  Central  Govt.  is  to   be  taken into account while retiring ceiling of leave encashment  on his  superannuation  and retirement from Central Govt.? 
Encashment  of EL  allowed  by  the  State Governments,  Public Sector  Undertakings, Autonomous  Bodies for  services  rendered  in  the concerned Govt. etc. need not be taken into accounl for  calculating the ceiling of   300 days  of   Earned leave to  be encashed as  per CCS(Leave) Rule.

6. Whether leave  encashment  can  be sanctioned  to  a  Govt.  servant  on  his superannuation while under suspension? 
Leave encashment can be sanctioned, however Rule 39(3)  of  CCS  (Leave) Rules,  1972  allows  with holding of leave encashment in the case of a Govt. servant who retires  from  service  on attaining  the age of  superannuation  while  under suspension  or while disciplinary  or  criminal  proceedings  are pending against him,  if  in  view  of  the  authority there  is  a possibility  of   some  money  becoming recoverable  from  him  on conclusion  of   the proceedings against  him. On conclusion of  the proceedings  he/she  will become  eligible  to  the amount so withheld after adjustment of Government dues, if any.

7.Whether leave encashment can be sanctioned  to  a  Govt.  servant  on  his dismissal/removal, from service? 
A  govt.  servant who  is  dismissed/removed  from service  or whose  services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1).  Hence he is not entitled to any leave encashment.

8.  Whether interest is payable  on delayed payment of leave encashment dues? 
No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.

9. Whether  a Govt. servant  who  has  been granted study leave may be allowed  to resign  to  take  up  a post  in  other Ministries/Department  of  the Central Govt.  within the bond period? 
Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond  to  serve the Govt. for a period  of 3 years.  As the Govt. servant would  still be  serving the Govt. / Department he may be allowed to submit his technical resignation  to  take up another post 
within the Central Govt.

10. Whether women employees  of Public sector  undertakings/Bodies  etc. Are entitled to CCL? 
Orders  issued  by  DOPT are not automatically applicable  to  the  employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry etc. It is for the PSUs/ Autonomous Bodies to  decide the  applicability  of the  rules/instructions issued  for  the central Government employees  to their employees  in  consultation  with  their Administrative Ministries.

11. Whether Govt. servant can  be permitted  to leave  station/go abroad while on CCL? 
Child care leave is  granted to a woman employee to take care of the needs of the minor children. If the child is  studying abroad or the Govt. servant has to go abroad for taking care of the child, she may do so  subject to other conditions laid down for this purpose.

12. What  is  the intention  behind  the instruction that  CCL  is to  be  treated  like EL  and sanctioned as such? 
The intention  is  that  CCL  should be availed  with prior  approval  of  leave sanctioning authority  and that the combination  of  CCL with  other leave,  if any, should be  as per the restriction of combination with EL.  The restriction of the limit of  180 days at a stretch  as  applicable in the case of  EL  will  not apply in  case of CCL. The other conditions like CCL may  not be granted for less than  15 days or in more than 3 spells, etc., in a year, will apply.
source:cgstaffnews

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