Jammu and Kashmir Order – Grant of child Care Leave
GOVERNMENT OF JAMMU AND KASHMIR
FINANCE DEPARTMENT, CIVIL SECRETARIAT.
Srinagar, the 22nd July, 2015.
SRO 232- In exercise of the powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir, the Governor is pleased to direct that after rule 41 of the Jammu and Kashmir Civil Services (Leave) Rules, 1979. the following shall be added as Rule 41-A, namely:-
“41-A. (1) Subject to the provisions of these rules, a woman employee may be granted child care leave by an authority competent to grant leave for a maximum period of 730 days during her entire service for taking care of her two eldest children whether for rearing or for looking after any of their needs, such as education, sickness and the like.
(2) For the purpose of sub-rule (1). “Child” means:
(a) a Child below the age of eighteen years: or
(b) a Child below the age of twenty-two years with a minimum disability of forty per cent.
(3) During the period of child care leave, a woman employee shall be paid leave salary equal to pay drawn immediately before proceeding on leave.’
(4) Child care leave may be combined with leave of any other kind.
(5) Notwithstanding the requirement of production of medical certificate leave of any kind due and admissible (including commuted leave not exceeding sixty days and leave not due) up to a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).
(6) Child care leave shall not be debited against the leave account.
(7) Grant of child care leave under these rules shall be subject to the following conditions:
(i) Child Care Leave cannot be claimed as a matter of right. under no circumstances can any employee proceed on child care leave without prior proper approval of the leave sanctioning authority.
(ii) It shall not be granted for more than three spells in a calender year.
(iii) It shall not ordinarily be granted during the probation period. However, in case of certain extreme situations where the leave sanctioning authority is satistions where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, the leave may be sanctioned provided that the period for which such leave is sanctioned is minimal.
(iv) The leave is to be treated like the Earned leave and sanctioned as such.
(v) Sundays and holidays can be prefixed or suffixed to child care Leave. consequently, sundays, Gazetted holidays or any other holidays notified by the Government falling during the period of leave would also count for Child Care Leave, as in the case of Earned Leave.
These provisions shall take effect from the date of issue of the notification”.
By Order of the Governor.
Commissioner/Secretary to Government,
Source: Original Order Click here