Sunday, 3 December 2023

Paternity Leave for Central Government Employees : Rule 43-A of CCS (Leave) Rules 1972-Updated in 2023

 Paternity Leave for Central Government Employees : Rule 43-A of CCS (Leave) Rules 1972-Updated in 2023

The Provisions under Rule 43-A of CCS (Leave) Rules 1972 availing Paternity Leave for Central Government Employees are provided below as per updated Leave Rules issued by DoPT

Rule 43-A of CCS (Leave) Rules 1972

(DOPT Notification No. 13026/1/99-Estt. (L), dated 18.04.2002)

(1) A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.

(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) The paternity Leave may be combined with leave of any other kind.

(4) The paternity leave shall not be debited against the leave account.

(5) If Paternity Leave is not availed of within the period specified in subrule (1), such leave shall be treated as lapsed.

NOTE:- the Paternity Leave shall not normally be refused under any circumstances.

43-AA Paternity Leave for Child Adoption

(DOPT Notification No. 110 I2/l/2009-Estt. (L), dated 01.12.2009)

(1) A male Government servant (including an apprentice) with less than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days, within a period of six months, from the date of accepting the child in pre-adoption foster care or on valid adoption, as the case may be:

Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Government Servant.

(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) The Paternity Leave may be combined with leave of any other kind.

(4) The Paternity Leave shall not be debited against the leave account.

(5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.

NOTE 1.— The Paternity Leave shall not normally be refused under any circumstances.

NOTE 2.— “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child. (DOPT Notification No. 13026/5/2011-Estt. (L), dated 04.04.2012)

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