Child Care Leave Provisions Updated
The Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India, has issued a notification dated July 28, 2023, introducing amendments to the All India Services (Leave) Rules, 1955. The new rules are titled the All India Services (Leave) Amendment Rules, 2023, and they come into effect from the date of publication in the Official Gazette.
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING
NOTIFICATION
New Delhi, the 28th July, 2023
G.S.R. 562(E).-In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules further to amend the All India Services (Leave) Rules, 1955, namely:
- Short title and commencement. – (1) These rules may be called the All India Services (Leave) Amendment, Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the All India Services (Leave) Rules, 1955, in rule 18 (D), –
(i) for sub-rules (1) and (2) the following sub-rules shall be substituted, namely: –
“18 (D) Child Care Leave. – (1) Subject to the provisions of this rule, a female member of the Service and single male member of the Service may be granted child care leave by an authority competent to sanction leave for a maximum period of seven hundred and thirty days during entire service, for taking care of two eldest surviving children, up-to the age of eighteen years, on the grounds of rearing or for looking after any of their needs, such as education, sickness and the like.
(2) During the period of child care leave, member of the Service shall be paid hundred percent of leave salary equal to pay drawn immediately before proceeding on leave for the first three hundred and sixty five days and eighty percent of the pay drawn immediately before proceeding on leave for the next three hundred and sixty five days”;
(ii) for sub-rules (5) and (6), the following sub-rules shall be substituted, namely: –
‘(5) Child care leave shall not be granted for more than three spells in a calendar year and in case of a single female member of the Service, the child care leave may be granted for up-to six spells in a calendar year:
Provided that child care leave may not be granted for a period less than five days in a spell.
(6) A separate leave account shall be maintained for child care leave and it shall not be debited against the other leave accounts of the member of the Service.
(7) Child care leave shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.
Explanation – For the purpose of this rule, “single male” refers to an unmarried or widower or divorcee male member of the Service’.
[F. No. 11019/04/2020-AIS-III]
KAVITA CHAUHAN, Under Secy
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