Child care leaves
Querist :
Anonymous
(Querist) 01 March 2018
This query is : Resolved
I applied for child care leaves for 2 months as my child is in 11th and completing 18 yrs in January 2019 and I still have 500 leaves in my account because I have not been granted CCL for the past many years as per my application. This time I was granted for 25 days only though I applied for 2 months and due to illness of my child and exams I was unable to join after 25 days and pleaded to continue my leaves as per my application. But instead the hod has started sending me the letters after letters that too by hands by sending 2-3 persons almost every 2nd or 3rd day citing unauthorised absence and disciplinary action. I am worried. what to do.
kavksatyanarayana
(Expert) 01 March 2018
In which State are you working? The maternity leave is generally 6 months.Child care leave will be granted only 2 months after expiry of maternity leave. As your baby is now 11 months so the leave including child care leave exceeded 8 months. so the HOD has not granted the leave and issued notice to join. it is advisable to join the duty and after joining into duty, request the authorities to grant leave even EOL if no leave is permissible.
Ms.Usha Kapoor
(Expert) 02 March 2018
Your maternity leave and child case leave is long since over please join duty forthwith.;Avail EOL as well. I agree with KavakSatryanarayana.
Ms.Usha Kapoor
(Expert) 02 March 2018
Your maternity leave and child case leave is long since over please join duty forthwith.;Avail EOL as well. I agree with KavakSatryanarayana.
Querist :
Anonymous
(Querist) 02 March 2018
thanks for the reply. This may please be noted that
1. My child is 17 years old and completing 18 years in Jan, 2019.
2. I still have 500 CCLs in my leave account.
3.The incharge has not granted more than 25 CCL to me though I applied for 2 months.
4. My CCLs will lapse in Jan,2019.
5. He has sent me the notice of unauthorized absence.
6. I am in Delhi.
kavksatyanarayana
(Expert) 02 March 2018
Your 1st query is vague. if the child is 17 years no child leave is granted and he is not a child and a young boy.
though you have leave, it is not a right as per government rules if the circumstances forcing for leave request them to grant.
Querist :
Anonymous
(Querist) 02 March 2018
Thnks for the reply. But as per CCL rules the CCLs are granted up to 18 years of age (pl review). The last two years are most crucial as observed by Honorary court for the career formation of the child. Though the child may be defined up to age of 12 only as per pediatricians and afterward up to 18 yrs it is the adolescent age but for CCL purpose the 'child' is up to age 18 yrs. With regards.
Sudhir Kumar, Advocate
(Expert) 03 March 2018
Disagreed with both the above views expressed by expperts.
This is not a case of Maternity leave.
It is a case of CCL which is granted upto 24 months in service to a lady with not more than two surviving children below 18 years of age.
SO leave is admissible to her.
This is leave is not a matter of rightly like all other leaves and is subject to be refused subject to exigency of service and is required to be per-sanctioned. The action of HOD ios lawful. You may be subject to disciplinary proceedings if you do not join.
Querist :
Anonymous
(Querist) 03 March 2018
I am being refused due to shortage of staff which is chronic feature in Govt. sector. This is the reason that I still have 500 CCLs. Its mean that no body should be granted CCL as the administration can always deny CCLs. I would rather request the Govt to abolish the CCL. When provision of CCL was made than provision of replacement should have also been made like appointing on leave salary basis as is being done in universities. Usually in Govt. department specially in health sector there is always shortage of manpower. CCL has been created to look after the children till 18 years of age. So every woman having children should be given this benefit. If she is in such a department where there is always a shortage of staff then what is her fault? Paradoxically, in contrast to Govt. view about CCLs the administration has biased view and perceive the CCLs as unjustified leaves. There have been occasions when I was denied CCLs but granted EL. Various courts have given favorable judgments on the principals of equality of rights. But still there is no provision in offices where the employee can approach so that she does not need to go to court.
Dr J C Vashista
(Expert) 05 March 2018
If you are seeking an obligation of experts FREE OF COST you will have disclose your identity as per rules of this platform, no reply for an "anonymous" author.
Querist :
Anonymous
(Querist) 06 March 2018
Leaves are not right. This power is most exploited by the incharge. some are given leaves and others are denied just on their sweet will. See the no. of cases in various courts about CCL. If CCL is not right that who suffer, the child for whom Govt. has given the provision. Then why did the Govt. make the provision of CCL? If CCL are not given even during the crucial period as in my case, it will go waste.
Sudhir Kumar, Advocate
(Expert) 06 March 2018
You asked for legal position you have been given so.
You cannot assume this forum to be spokesperson of Govt to reply as to why or why not CCL is introduced.
