Leave encashment to officers appointed on contract in various posts under Government – DoPT

“The officers who are appointed on contract in various posts under the Central Government will be allowed encashment of earned leave at their credit on the date of termination of contract, subject to the condition that for each completed year of service put in by him in the post in such contract appointment, not more than 10 days benefit of earned leave encashment shall be permissible.”

No.14028/1/2019-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Date: 20th June, 2019

Office Memorandum

Subject: Leave encashment to officers appointed on contract in various posts under Government – regarding

The undersigned is directed to say that the leave terms of the officers appointed on contract in various posts under the Government are governed by DoPT’ s OM No.12016/ 3/84-Estt.(L) dated 12.04.1985 which was subsequently amended vide OMs No. 12016/1/ 90-Estt. (L) dated 05.07.1990, No.12016/ 2/ 99-Estt(L) dated 12.07.1999 and No.12016/ 5/ 2009-Estt.(L) dated 31.01.2011.

2. Para 2 of the OM dated 12.04.1985 prescribed the limit of encashment of earned leave upto a maximum period of 180 days during the contract period of such officers which was amended vide OMs dated 05.07.1990 and 12.07.1999 thereby increasing the maximum permissible encashment limit of earned leave upto 240 days and 300 days respectively. Para 3 of the above OM dated 12.04.1985 prescribed that the total earned leave for which encashment may be allowed together with the earned leave or full pay lave or which encashment had been allowed in previous appointments, if any, under the Government is not more than 180 days which was subsequently increased to 240 days and 300 days vide OMs dated 05.07.1990 and 12.07.1999 respectively.

3. It has been observed that many times the Government appoints officers on contract for a specified period in public interest keeping in view their professional or scientific/ technical expertise and this restriction of 300 days may act as a disincentive especially for those who have highly specialized professional or scientific/ technical skills to join the government in various posts on contract basis for a specified period.

4. Now, it has been decided in consultation with Department of Expenditure that the officers who are appointed on contract in various posts under the Central Government will be allowed encashment of earned leave at their credit on the date of termination of contract, subject to the condition that for each completed year of service put in by him in the post in such contract appointment, not more than 10 days benefit of earned leave encashment shall be permissible. While calculating the encashment of leave in such a contract appointment, the number of days of leave for which encashment had been allowed in previous appointment, if any, under the Government shall not be taken into account. The relevant provisions relating to earned leave encashment as contained in para 2 and 3 of DoPT’s OM No.12016/ 3/84-Estt.(L) dated 12.04.1985 as amended vide OMs dated 05.07.1990, 12.07.1999 and 31.01.2011 stand further amended accordingly.

5. The above amendments will be effective with effect from the date of issue of this OM.

sd/-
(Sandeep Saxena)
Under Secretary to the Government of India

from Blogger http://www.systempost.in/2019/06/leave-encashment-to-officers-appointed_22.html

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave

As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

CHILD CARE LEAVE

1. 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, Banks, 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.

2. 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 Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.

3. 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 on 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., will apply. {Rule 43-C)

4. Whether child care leave has been extended to female industrial employees?

Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43-C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012)

Commuted Leave

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

from Blogger http://www.systempost.in/2019/02/paternity-leave-for-child-adoptionchild.html

How is a child defined for the purpose of grant of Paternity Leave

How is a child defined for the purpose of grant of Paternity Leave

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave

As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

CHILD CARE LEAVE

1. 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, Banks, 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.

2. 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 Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.

3. 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 on 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., will apply. {Rule 43-C)

4. Whether child care leave has been extended to female industrial employees?

Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43-C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012)

Commuted Leave

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

from Blogger http://www.systempost.in/2019/02/how-is-child-defined-for-purpose-of.html