Child Care Leave – Frequently Asked Questions

Q Who are entitled for Child Care Leave?

A 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.

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

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

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

A 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).

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

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

Q Whether Child Care Leave is applicable for third child?

A :- No. CCL is not applicable to third Child.

Q How to maintain Child Care Leave account?

A 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.

Q Whether CCL can be claimed as a matter of right?

A 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.

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

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

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

A 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 However, this condition was withdrawn by the Government and as such there is no need for having EL in credit to avail CCL.

Q Whether CCL can be availed without prior sanction?

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

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

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

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

A 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.

Q 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?

A 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.

Q Whether all Earned Leave availed irrespective of ‘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’?

A 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.

Q 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’?

A 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.

Q Whether LTC can be availed during Child Care Leave?

A 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.

Q Whether Child Care Leave is applicable to All India Services?

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

Children Education Allowance – Frequently Asked Questions

Department of Personnel and Training, Establishment (Allowance) Section has released a set of FAQs (Frequently Answered Questions) and replies for the same relating to Children Education Allowance payable to Central Government Employees as reimbursement for educational expenses incurred for two children. Also DOPT has issued various clarifications regarding this allowance from time to time

We have compiled those Queries and Answers for convienence of readers.
1. Whether Reimbursement of Children Education Allowance (CEA) for 3rd child is permissible if CEA has not been claimed for 1st and or 2nd child ? As per OM dated 2.9.2008 CEA is admissible for two school going children does it mean any two school going children?
Answer: As per OM No. 12011/03/2008- Estt.(AL) dated 11 .I 1.2008,. the Children Education Allowance would be admissible for more than two children in case the number of children exceeds two as a result of the second child birth resulting in twins or multiple birth. This implies that the CEA will be admissible only in the cases of two eldest surviving childrcn and CEA for third or subsequent child will only be permissible if there is a case of multiple birth at the time of second child birth. Further, reimbursement of CEA for the 3rd child is admissible in case of failure of sterilization operation.
2. What are the fee that are reimbursable? Whether Development Fees, Annual Charges, Transportation fees are reimbursable? Reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationary is admissible?
As per OM No.12011/03/2008-Estt (AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms.
3. Whether CEA has been increased% 25% as a result of enhancement of Dearness Allowances beyond 50%?
This Department’s OM No. 12011/03/2008-Esn.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. NO. 12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.
4. This Department’s OM No. 1201 11031 2008-Esn.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. NO. 1201 110112011-Estt.(Allowance) dated 4th May, 20 11, has been issued to clarify this further.
The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the midsession, CEA shall not be reimbursable.
5. Whether Hostel subsidy is reimbursable irrespective of transfer liability?
Hostel Subsidy is reimbursable to all Central Govt, employees for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability
6. Whether the admissible amount on account of CEA can be reimbursed in full to a Govt. servant in the first quarter of the financial /academic year itself ?
A Govt. servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and or fourth quarter. Frontloading of the entire amount in the first and second quarters is not allowed ?
7. Whether any age limit has been prescribed for reimbursement of CEA in respect of children studying in nursery classes?
There is no minimum age prescribed for reimbursement of CEA in respect ol children admitted in nursery classes. However, with regard to physically challenged children the minimum age ol 5 (five) years has been prescribed. The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years.
8. Whether the schooYinstitution should be recognized?
The schoollinstitution has to recognized by the Central or Statc Government or U’T administration or bj University or a recognized educational authority having jurisdiction over the area where the instituti-o-n is situated.
9. Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of NepalBhutan but working in Govenunent of India, and the children are studying in the schools in their native place, i.e., Nepal/Bhutan?
The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Govenunent of India, and whose children are studying abroad. However, a certificate may be obtained from the Indian Mission ahroad that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.
10. Whether CEA is admissible to Government Servant who ceases to be in Service due to retirement, discharge, dismissal or removal from service in the course of academic year?
CEA/hostel subsidy shall be admissible till the end of the academic year in which the Government Servant ceases to be in service due to retirement, dicharge, dismissal or removal from service in the course of an academic year.
The payment shall be made by the office in which the Government Servant worked prior to these events and will be regulated by the other conditions laid down under CEA Scheme.
11. Whether Children of a Government Servant who dies while in service are still eligible for reimbursement under new CEA Scheme?
If a Government servant dies while in service the children education allowance or hostel subsidy shall be admissible in respect of his/her children subject to observance of other conditions for its grant provided the wife/husband of the deceased is not employed in service of the Central Government, State Government, Autonomous body, PSU, Semi government organization such Municipality, Port Trust authority or any other organization partly or fully funded by the Central government/State governments.In such cases the CEA/Hostel Subsidy shall be payable to the Children till such time the employee would have actually received the same,subject to the condition that other terms and conditions are fulfilled. The payment shall be made by the office in which the Government Servant was working prior to his death and will be regulated by the other conditions laid down under CEA Scheme.
12. Whether upper age limit of children has been prescribed for claiming CEA?
The upper age limit for disabled children has been set at the age of 22 years. In the case of other children the age limit will noe be 20 years or till the time of passing 12th class which ever is earlier. Cases where reimbursement have been already madem in respect of children above this age may not be reopened.
13. Whether CEA can be allowed in case of Children studying through Correspondence or distance learning?
It has also been decided rhst CEA may henceforth be allowed in case of children studying through “Correspondence or Distance Learning” subject to other condition prescribed.
14. What is definition of the terms “two sets of uniform”?
“Two sets of Uniform” would mean two sets of uniform prescribed by the School in which the child is studying. As set of uniform will include all items of clothing prescribed for a day, as uniform by the School. Reimbursement may be allowed for two sets of such uniform irrespective of the colors/winter/summer/PT uniform.
15. What is definition of “One set of Shoes”?
“One set of shoes” would mean one pair of shoes.
16. What is definition of station for the purpose of hostel subsidy?
It is clarified that for the purpose of hostel subsidy, station would be demarcated by the first three digits of pin code of the area where the Government Servant is posted and/or residing. The first three digits of the PIN code indicate a Revenue District.
17. Whether fee paid to organisations/Institutions other than the school or fees paid to private tutors is reimbursable?
No. It is clarified that the term ‘fee’ contained in the para l(e) of the OM dated 2.9.2008 would mean the fee charged by the School directly from the student.

Leave Rules – Frequently Asked Questions

Department of Personnel and Training, has released a set of FAQs (Frequently Answered Questions) and replies for the same relating to Leave Rules.  We have compiled those Queries and Answers for convenience of readers.

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.