whether a probationer female employee can avail child care leave.
From India, Pune
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13From India, Pune
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Dear member, you have not mentioned in which establishment you are working. Whether the establishment is of the Central Government, State Government, or a Public Sector Unit? There are different leave rules applicable concerning employees depending on the principal employer/type of government. I think child care leave is applicable in the rules adopted by the Central Government. Therefore, it would be better if you examine the issue in consultation with the leave rules applicable in the establishment where you are working.
I think in the Maternity Benefit Act, 1961 (which is applicable in private establishments, or in default in other establishments where the ESI Act, 1948, etc., is not applicable), there is no provision for child care leave.
From India, Noida
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I think in the Maternity Benefit Act, 1961 (which is applicable in private establishments, or in default in other establishments where the ESI Act, 1948, etc., is not applicable), there is no provision for child care leave.
From India, Noida
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The facility of Child care leave is available only for Government servants. Please inform whether you are in Government service, and if so post all the relevant information.
From India, Kochi
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From India, Kochi
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This is PSU but the child care leave as applicable to Govt sector is also followed here in toto.
From India, Pune
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From India, Pune
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Sir, I understand that if the PSU is a central government unit, then you can search out the matter from the website of DOPT. So far as I understand, DOPT in one of their circulars dated 7/9/2010 had issued the following instructions: "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."
The online link for the above instructions is: [http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_1_2010-Estt.-Leave.pdf](http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_1_2010-Estt.-Leave.pdf)
For various circulars on leaves issued by DOPT, please see the following online link: [Circular Portal](http://ccis.nic.in/CP_Circular_Report.asp?MinCode=2&DepCode=2 &DivCode=4&SecCode=(0)&CNC ode=1&MctCode=3&SctCode=4& ArchCode=2)
From the above website of DOPT, you can search out whether there have been any amendments to the above instructions. In case the PSU is a State Govt. unit, you can check the instructions on this point, if any, issued by the said State Govt or department.
With best wishes;
From India, Noida
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The online link for the above instructions is: [http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_1_2010-Estt.-Leave.pdf](http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_1_2010-Estt.-Leave.pdf)
For various circulars on leaves issued by DOPT, please see the following online link: [Circular Portal](http://ccis.nic.in/CP_Circular_Report.asp?MinCode=2&DepCode=2 &DivCode=4&SecCode=(0)&CNC ode=1&MctCode=3&SctCode=4& ArchCode=2)
From the above website of DOPT, you can search out whether there have been any amendments to the above instructions. In case the PSU is a State Govt. unit, you can check the instructions on this point, if any, issued by the said State Govt or department.
With best wishes;
From India, Noida
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Dear Hotgautam,
Notwithstanding the type of establishment, probation is a critical phase in the service of the new employee in the organization, evaluating not only performance but also other aspects like regularity of attendance, cordiality of relationship with other members of staff, etc. Like others observed, the probation period in Govt departments is a bit longer, and as such, availing of certain kinds of leave like earned leave, medical leave, etc., due to unavoidable personal reasons will proportionately extend the probation period, subject to the limit of the overall span within which the actual or deemed declaration of completion of probation.
In Industrial employment, the probation period normally ranges between three to six months at the maximum. Hence, the availing of the extraordinary leave of the kind you mentioned, even in case of its existence in the leave rules of the organization, is subject to the discretion of the employer. One cannot find fault with the employer if he contends why the lady does not give preference to her maternal responsibility instead of taking up the new job as a probationer, considering the short period of probation made known to her in the offer itself.
From India, Salem
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Notwithstanding the type of establishment, probation is a critical phase in the service of the new employee in the organization, evaluating not only performance but also other aspects like regularity of attendance, cordiality of relationship with other members of staff, etc. Like others observed, the probation period in Govt departments is a bit longer, and as such, availing of certain kinds of leave like earned leave, medical leave, etc., due to unavoidable personal reasons will proportionately extend the probation period, subject to the limit of the overall span within which the actual or deemed declaration of completion of probation.
In Industrial employment, the probation period normally ranges between three to six months at the maximum. Hence, the availing of the extraordinary leave of the kind you mentioned, even in case of its existence in the leave rules of the organization, is subject to the discretion of the employer. One cannot find fault with the employer if he contends why the lady does not give preference to her maternal responsibility instead of taking up the new job as a probationer, considering the short period of probation made known to her in the offer itself.
From India, Salem
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It appear that the queriest is unwilling to post or share the material facts related to the alleged problem. Please post them so that we can try to post additional and useful suggestions.
From India, Kochi
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From India, Kochi
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The query is related to a female employee who has been given compassionate employment on her husband's death. He was a serving executive in Coal India Limited, a PSU under the Ministry of Coal. She delivered a baby girl just after her husband's death and is finding it tough to manage her job as well as take care of her six-month-old child. She is in probation for six months and was appointed as a trainee Clerk. The trainee status is for one year, ending on 31.08.2017. Hence, she wants to avail CCL because maternity leave may not be applicable to her.
From India, Pune
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From India, Pune
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Dear member,
In view of the facts mentioned by you above, it would be better if the probationary female employee in question discusses the matter with the management or the concerned branch head of the CPSU. Is there any clause or condition regarding the eligibility or non-eligibility of CCL in the appointment letter on compassionate grounds? If the CPSU decides to reject the CCL, what would be the grounds for such a decision?
Since this is a matter of compassionate appointment, in my opinion, it would be appropriate to also adhere to the instructions and rules based on which such compassionate appointment was granted.
Thank you.
From India, Noida
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In view of the facts mentioned by you above, it would be better if the probationary female employee in question discusses the matter with the management or the concerned branch head of the CPSU. Is there any clause or condition regarding the eligibility or non-eligibility of CCL in the appointment letter on compassionate grounds? If the CPSU decides to reject the CCL, what would be the grounds for such a decision?
Since this is a matter of compassionate appointment, in my opinion, it would be appropriate to also adhere to the instructions and rules based on which such compassionate appointment was granted.
Thank you.
From India, Noida
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Nothing is mentioned in her appointment letter about leave except that she will be guided by standing orders. Provision of CCL has recently been provided.
In my opinion, a mother has the full right to take care of her child irrespective of her status as an employee.
From India, Pune
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In my opinion, a mother has the full right to take care of her child irrespective of her status as an employee.
From India, Pune
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