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Arunan18
02-03-2011, 10:25 PM
Whether a Child Care Leave can be restricted in lieu of exigencies or emergencies of work? In that situation she has to forgo the the pending leave in her account. Is it correct?

Victor
03-03-2011, 02:15 PM
Whether a Child Care Leave can be restricted in lieu of exigencies or emergencies of work? In that situation she has to forgo the the pending leave in her account. Is it correct?

Your query is not clear. Kindly give more details.

Victor

SSTGGN
09-03-2011, 12:30 PM
no she don't have to forgo her pending leave but it will be adjusted agains CCL to the extent available. the circular http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02ser/11019_27_2008-AIS-III-24092010.pdf explains your query.

sundarar
14-03-2011, 06:24 AM
no she don't have to forgo her pending leave but it will be adjusted agains CCL to the extent available. the circular http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02ser/11019_27_2008-AIS-III-24092010.pdf explains your query.

The following version of the above Order still needs some clarification although assumed answers are provided against some doubts thereunder:

"Earned Leave, if any,
availed by women employees before availing CCL subsequent to
the issue of tbc OM 1301 8/2/2008-Estt. (L) dated 18-1 1-2008 may
be adjusted against CCL, if so requested by the employee".

a) Whether EL availed before issue of the OM dated 18.11.2008 only may be adjusted against CCL? (That is during the period from 1.9.2008 to 18.11.2008) - No because the CCL could have been availed during the said period. Hence there is no question of adjustment of EL availed during that period.

b) Whether EL availed subsequent to issue of the OM dated 18.11.2008 only may be adjusted against CCL? (That is during the period from 18.11.2008 to 24.9.2010) - Yes because of the condition that EL ought to be exhausted before availing CCL.

c) Whether the conditions prescribed through a subsequent OM after a period of 2 years viz. 24.9.2010 can be enforced retrospectively as CCL has been given retrospective effect. The conditions as well as retrospective effect do not travel together. The Order dated 24.9.2010 itself is given retrospective effect.

c) If CCL has to be treated as EL, then where is the need for purpose of leave, as EL can be taken for any reason.

d) There is one more clarification issued on 30.12.2010. Amidst so many clarification, the genuine purpose of CCL giving retrospective effect together with conditions prescribed then and there, could not be met.

e) Instead, all EL availed before 30.12.2010 could be adjusted and all CCL availed before that date irrespective of the purpose, no. of times, etc. can be allowed as it is, by giving to all those conditions a prospective effect, if considered through a separate OM.

RKPATHAK
14-03-2011, 09:54 AM
Leave cannot be claimed as matter of right it makes no difference whether it is child care leave or any other kind of lieave. However, it is expected from the the Controlling Authority to be humane while granting child care leave to a women employee.